The short answer to the question is, it depends. Whether it be a job opportunity, family, or a change of scenery, individuals are relocating now more than ever. Relocation has become somewhat of a norm, so much so that the Indiana Legislature actually created a statutory chapter to specifically deal with relocation and its applicability to child custody. In this blog we provide a brief overview of relocation and how it can affect custody. The first thing you need to look at is who exactly the relocation statutes apply to. According to the statute, an individual must file a notice of ...
February 27, 2020CD
In particularly contentious child-custody cases, a child custody evaluation may be a great investment in your case to help achieve the custody arrangement you seek. This is because, at the end of the process, the evaluator makes recommendations to the court about what custody arrangement is in the children’s best interests. There are different levels of evaluators that you should consider when requesting a custody evaluation. This blog covers the three most common types of evaluations. Perhaps the most common custody evaluation is completed by a Guardian Ad Litem1 as allowed for in the Divorce and Paternity Acts. In many cases, ...
February 27, 2020CD
Mediation is a beneficial tool for many who find themselves involved in child custody litigation. Not only is mediation cost-efficient relative to a trial, but it can lead to quicker resolutions. However, mediation is only as beneficial as you make it. In this blog, we provide three tips for preparing to go to mediation in a child custody proceeding. Be Open-Minded. The first tip is to remember to be open-minded going to mediation. Remember that mediation is simply a negotiation between the parties, so you must be willing to negotiate. Many litigants go into mediation with a mindset that makes him/her ...
February 19, 2020CD
Individuals who find themselves in the middle of a family law litigation understand the emotional and sometimes financial hardship that goes along with it. Whether it is a proceeding for dissolution of marriage or custody modification action, these types of cases are never easy for those involved. For this reason, and some others, some people treat family law matters as a way to “air out dirty laundry”. Such testimony is often objectionable. While there are numerous pieces of evidence that can be relevant to any particular family law matter, evidence of every little misdeed or foul word spoken by a ...
January 30, 2020CD
When custody is decided by a court, the over-arching factor guiding the judge is the best interest of the child or children. This seems obvious but is also a broad and nebulous concept that often makes for a tough decision for a judge. While there are cases where there is drug abuse or abuse of the spouse or child, and it is pretty clear and easy for a judge to decide what would be in the child’s best interest, most are not so easy. In a case where both parents are loving, caring and providing for the child, it becomes ...
December 23, 2019CD
A common question litigants have in family law cases is whether there is a way they can be reimbursed for their attorney’s fees? The answer is somewhat complicated and it depends. In most litigation in the United States, we follow the “American Rule”, which is each side pays its own attorney’s fees. However, in divorce and paternity cases in trial courts and on appeal there are ways a party may recover some or all of his or her attorney’s fees. This blog covers what you need to know about attorney fee awards in divorce and paternity cases. Perhaps the most common ...
December 18, 2019CD
It would be naive to think that it is a rare occasion that substance abuse by a parent is raised in divorce and paternity cases; it is common and must be addressed by the courts. In a divorce proceeding it is important to note that, substance abuse, covers a very broad spectrum of “drugs” and is considered in varying degrees. If you find yourself in a situation where the words “substance abuse” have been brought up in your divorce, you may find this blog helpful. It is first important to understand that when an opposing party (husband or wife or father ...
December 13, 2019CD
Filing for divorce is hard. It’s an emotionally draining time for everyone involved. And as such, it is a decision that should not be made hastily. But, if you find yourself in a situation where you feel divorce is inevitable, you may be wondering, when is the best time of the year to file? While there is no advantage, legally speaking, to filing in one month as compared to another, there are several benefits to filing for your divorce at the start of the new year in January. This blog provides an overview of some of the benefits of filing ...
December 6, 2019CD
In a paternity or divorce case where custody is in dispute, it is not uncommon for the parents to have differing opinions and/or negative opinions of one another. It is inappropriate for these feelings and opinions to be expressed to, in front of, or around the child or children. This is something that a majority of parents are aware of and try to constrain because they are aware it is hurtful and harmful to the children. However, in some instances, these negative and toxic feelings are expressed to the children. While this is not ideal and is harmful, it happens. ...
November 26, 2019CD
The short answer is, yes, using marijuana can cause you to lose custody of your child. However, this is not a simple black and white rule. The ever-changing legality of marijuana use from state to state has caused pause in the Indiana legal landscape. Things such as the recent announcement by Marion County that it will not prosecute simple marijuana possession charges are part of the reason a simple yes or no cannot answer this question. It is important to know that when it comes to making a custody decision in a child’s best interests, judges treat each case as ...
November 8, 2019CD