Indiana trial court judges can consider literally anything and everything relevant to a parent-child relationship to make a child custody decision that is in the child’s best interests. Sometimes a single factor—such as a severe drug abuse or incarceration—make the decision much easier for the judge to sort through the evidence, as it is apparent that a parent who is locked up cannot be the child’s custodian. However, in most cases, both parents have good qualities and faults in parenting. This blog explores the three most important factors that influence a judge’s child custody decision, so you can develop these ... Read More
Tag: child custody litigation
20
Jun2013
In domestic cases, there may be a number of experts that are called upon to testify during a hearing. For example, a doctor may testify about a child’s medical condition, a CPA may testify about the value of a business, or a clinical psychologist may testify about a custody evaluation performed.
However, there are limitations to who is an expert and what witnesses can testify about. For example, under Indiana law, a licensed clinical social worker is prohibited from providing expert testimony1. Specifically, the Indiana statute allows that social workers can provide factual testimony (ex. the social worker met with the ... Read More
June 20, 2013CD
22
Dec2011
In our role as advocates, advisors, and as counsel, Ciyou & Dixon, P.C. attorneys observe litigants in high-conflict, child custody litigation in some of their most trying times. And every seasoned family law judge, attorney, or child psychologist can relay a horror story where this pressure takes litigants beyond the bounds of civility, respect and basic human decency.
The key point and takeaway is that neither party wins, such acrimony really harms the child, and saddles all with baggage they carry throughout life. Indiana trial courts and appellate judges have had to address a few unfortunate cases where the myopic desire ... Read More
December 22, 2011CD
04
Apr2011
"My Spouse is Abusive to Me and Mean to the Kids. Can I Move Out and Home With My Parents in A Nearby State and File for Divorce There?"
No. This is often a consideration of a stressed parent. Yet, though this might well provide a healthier environment for everyone involved, this may not have the best legal effect in the long term. There are a few legal issues in play as it relates to moving between states in a divorce situation.
In the 1960s and 1970s, the practice was somewhat common. But these divorce and custody cases wreaked havoc and were ... Read More
April 4, 2011CD