Individuals who find themselves in the middle of a paternity or divorce proceeding understand the emotional struggle that comes along with it. Whether it’s a paternity proceeding to establish custody, or a modification of a prior divorce decree, these types of proceedings never tend to get easier for people. For this reason, and some others, people treat these types of proceedings as a way to “air out dirty laundry” of the other. There are certainly numerous pieces of evidence that are relevant to both paternity and divorce proceedings, and you should share important evidence with your attorney (and likely in ...
August 29, 2019CD
You do not have to be a lawyer to recognize that today’s children are being raised in large numbers by third-parties, ranging from grandparents to relatives to friends and total strangers. Knowing how important stability is to a child’s sense of well-being, many third-parties mistakenly believe that they can just file in court and obtain “custody” since they are raising someone else’s children. However, the United States Supreme Court has determined that natural (and adoptive) parents have one of the oldest and most protected rights—a fundamental right—to raise their children. Thus, a third-party has a legal barrier to overcome in ...
August 27, 2019CD
The trial court’s final order, such as in a divorce case, dividing the property and making a custody award can be enforced immediately. And it usually is. That said, a litigant who does not want an order enforced pending an appeal has two ways to stop its enforcement pending an appeal. In this blog, we cover stays that stop a trial court’s final order from being enforced. As a first step, which seems like a foreign concept to many litigants, they have to ask the court to issue the order to issue a stay. The reason this seems strange is because ...
August 22, 2019CD
Indiana trial court judges are tasked with the duty to make sure that at the time of divorce (or paternity) adjudication the children’s best interests are met. If the parents have an agreement on custody and it is not contested, they may infer that agreement of the parties is in the children’s best interests. However, where physical and/or legal custody is contested, there are four key ways a trial court judge determines what is in a child’s best interests. Most of the time litigants with their lawyers have the ability to choose or have input on the way the evidence ...
August 19, 2019CD
Indiana's Safe Haven Law promises anonymity, but are there exceptions? Ciyou & Dixon, P.C. Family Law Attorney, Julie C. Dixon speaks with RTV6 Indianapolis about this complicated issue.
July 27, 2019CD
Long gone are the days that mothers have a leg up on fathers because of the Tender Years’ Presumption. This presumption was that infants and perhaps toddlers were better served in their mother’s custody. Now fathers obtain physical and legal custody or are successful in the modification of custody with some frequency. Basically, it all comes down to the evidence the Court receives to determine what is in the child’s best interest. This blog covers the top six things fathers can do to maintain custody or prevail in custody modification by keeping or developing the evidence necessary for the Court ...
July 17, 2019CD
Divorce is shrouded in fear and urban legend. However, for most couples in a broken relationship, it is the pathway to move on in a new and more positive direction when the divorce is ultimately granted by the Court. While divorce is a complex legal and financial transaction—and also an emotional one—sometimes involving professionals from psychologists to tax experts, it all boils down to three basic concepts you must understand to properly begin a divorce or help a friend through the process: jurisdiction, property division, and child custody. The fundamentals of each of these components of a divorce are the ...
July 9, 2019CD
In law, there are innumerable situations without clear answers. With this particular question, as a general rule, the answer is, “probably not”. This was somewhat common in the 1960s and 1970s. As a result, the states eventually adopted a version of the Uniform Child Custody Jurisdiction Act.1 This law provides a mechanism for states that are competing over the matter between two parents to resolve their dispute over at least custody of the children. This is a mechanism for two states in a divorce or paternity/custody case to decide who will handle and decide the case. Under this Act, when ...
July 1, 2019CD
In today’s world of cheap flights and parents working globally, it is not uncommon for divorced parents or those with children born out of wedlock to want to take their child to the Caribbean for a vacation or meet up abroad at the end of a work trip. This means the child will need a passport. Under the State Department Guidance, the best way to do so is with both parents authorizing the passport application. However, one parent may apply and obtain a passport for their child if they provide a court order showing they have sole legal custody, such ...
June 27, 2019CD
Navigating the divorce process raises a lot of questions for parents. It’s common to have concerns about your physical and legal custody, especially when both parties don’t automatically agree on a plan. That’s when it might be time to call on a child custody lawyer. Whether you’re seeking primary or joint custody, you need to show the court how you provide for and spend quality time with your children—and that what you want for custody is in their best interests. Getting the right legal team on your side is key. This blog discusses the top five questions to ask child ...
June 20, 2019CD