Indiana’s elected judges are tasked with the important job of weighing the evidence of the parties’ positions when presented with a custody modification case or contempt of court for a wide range of circumstances, such parenting time interference. In a recent key dissent (from granting transfer [i.e., taking the case by its discretion]), the Indiana Supreme Court1 signaled that when the facts can support but one conclusion—a parent has intentionally interfered with parenting time--such continual interference itself can ... Read More
21
Feb2017
23
Nov2016
Permanency and stability are keys for children; Courts are mindful of this in considering all requests for custody modification in a child’s best interests. For this reasons, Indiana trial courts and attorneys are reluctant to entertain “emergency” motions for child custody modification in all but extraordinary situations because this is incongruous with taking the time to allow the attorneys to develop the evidence and present the case.
However, there are four somewhat common situations where a trial court may ... Read More
02
Aug2016
Stability and continuity of home life for children after divorce is a strong policy found in Indiana’s custody modification statutes and case law. Specifically, a parent who does not have physical custody can file a petition to modify such custody to him or her. However, the non-custodial parent must demonstrate a substantial change in circumstances and it is in the children’s best interests to modify physical custody.
Typically, of the eight statutory factors1 a court may consider, general dislike or ... Read More
10
Mar2016
Most divorce cases resolve before trial. However, a small number proceed to trial or have post-divorce custody modification matters. In either case, there are three ways to undermine the strongest case that are inherent in human nature. This blog explores the matters and demonstrates why they are harmful. Avoid them.
First, in original divorce cases, it is easy to make off handed comments or otherwise inappropriate testimony in how to divide assets. Indiana, along with other states, is not based on fault. ... Read More
28
May2015
The General Assembly, trial courts, and Indiana appellate courts all are active in protecting children caught in a divorce or paternity cases and in modification proceedings afterwards. The policy, which is a basic tenet of psychology, is aimed at the disruptive effect of moving children back and forth between divorced parents and to discourage the parents from using child custody proceedings for revenge or because something in their live has changed.
To modify physical custody (i.e., where the child spends the majority ... Read More
20
Oct2011
Ciyou & Dixon, P.C. attorneys routinely face questions about the merits and timing of a child custody modification action. In many cases, the facts are not enough to demonstrate a substantial change in circumstances. The respective parent is rightly concerned, but this is legally insufficient.
Nevertheless, we observe five (5) times in a child’s life when a parent should consider filing a child custody modification proceeding. This does not mean that each such circumstance ... Read More
15
Sep2011
Ciyou & Dixon, P.C. advocates sometimes represent clients who believe a child, their child, is not having his or her voice heard in the “white noise” of a acrimonious divorce proceeding. Nevertheless, there are a number of legal methods by which an attorney and client may aid the judge in ensuring the child’s best interests are heard and met.
This is after all a key focus of trial courts.
Some of ... Read More
30
Aug2011
As domestic advocates, Ciyou & Dixon, P.C. attorneys frequently are consulted and accept child custody modification cases. In order to modify physical custody, the moving parent must show there has been a substantial change in the child’s environment and the modification is in the child’s best interests.
We find most post-divorce child custody modification cases fall within three (3) categories. The first is where a party is still re-litigating the past. The statutory rule nevertheless prohibits a trial court from hearing evidence ... Read More
16
Aug2011
As advocates who have handled hundreds of different physical custody modification cases, Ciyou & Dixon, P.C. advocates find all fall into two (2) strong factual cases for modification and two (2) weak ones (which are easier to defend).
If you desire to modify custody, or are defending against a modification as a custodial parent, it is helpful to determine what type of case you have. The more insight you have, the more ... Read More
18
Mar2011
Most parents who are not divorce lawyers often sense when physical custody should be modified. Little bits of information they receive from the kids, teachers, friends tell them this. A parent can help his or her lawyer prepare a modification case and save legal fees by helping answer some key questions to the following checklist.
Try to answers these questions in advance of consulting with your attorney:
How are the children doing in school?
What has changed with the parent(s) and children since the last custody order?
Do the ... Read More