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
Do I need an attorney if I am contacted by DCS about my children? Yes. Your right to parent your child is a fundamental right, guaranteed by the Due Process Clause of the Fourteenth Amendment. But, just like any other right in life, it is not absolute. For example, parents can discipline their children (known as the parental privilege) but do not have carte blanche to abuse or neglect their children. When a child is in a detrimental home environment or is found not having their basic needs met, then the State can become involved to protect the child. These questions ...
February 6, 2019CD
As part of a divorce, custody, guardianship or other family law matter, children’s medical records are often sought to address any number of issues. Perhaps the child’s caregiver needs certain medical records for a child to be enrolled in school or an activity/sport. A parent may need the children’s medical records to determine whether child support should continue past the age of nineteen (19) if there is a severe medical issue where the child is incapacitated and there is a divorce action pending.1 Nevertheless, an individual’s medical records, including those of children, are protected under state and federal law, specifically HIPAA.2 ...
October 10, 2017CD
Every parent has heard or seen a story about a couple whose child is taken and secreted in another state by the other when troubles develop in the relationship. This has been a problem since the 1960s. In 1968, a uniform act was proposed that would ultimately be adopted in all states in some forms by the early 1980s. This blog post generally summarizes the potential use of the UCCJA. In simple terms, the UCCJA allows a parent who files for divorce or takes action in the state where the child is removed to, to have the courts in both states ...
April 13, 2016Adam Hayes
There is a general societal view that a bad act by a child is due to lack of life experience and immaturity. Therefore, such should not be a crime and the juvenile treated as a delinquent and limited to state-intervention until he or she is an adult. Nevertheless, because there is some overlap between implications of juvenile delinquency and adult crimes, it is important a juvenile and parents understand these to make key choices to limit its life implications. First, a child charged with a juvenile act is entitled to be represented by counsel. This has been the law for some ...
July 28, 2015Adam Hayes
Society, and what comprises a family, has changed since the Leave it to Beaver days. Many more families are comprised by any mixture of parents, step parents, same sex couples, extended family members (aunts/uncles/grandparents), and even non married opposite sex couples cohabitating. The change in societal norms, and the construction of a family unit, has inherently caused the legislature and the courts to adopt new rules and laws to enforce rights and duties of a parent to a child, or someone acting as a parent to a child. In the past, the only legal rights and duties between a parent and ...
November 26, 2013CD
During family law litigation, parents face a spectrum of emotions, ranging from frustration, anger, and a sense of loss, all interacting with one another. This is quite frequent when child custody disputes are in play. In almost any domestic litigation scenarios, aware parents can use these emotions to deal with stressors in an incremental fashion to return to a state of normal physical and mental health. One way parents handle this stress and frustration is to discuss it directly with the other parent. More effective is for a parent to talk with a therapist or trusted friend about the issues and ...
August 30, 2012CD
Modifying Child Support with a Large Arrearage and Reinstatement of License to Drive Based On Law and Public Policy Through divorce or custody proceedings, a child support worksheet, which uses a complex formula, is produced in order to determine an appropriate child support amount to be paid. The child support worksheet uses gross weekly income and takes into account many factors to make sure child support is equitable, and includes other children the parties have a legal duty support, and childcare costs. Once the parties have presented their worksheets to the Court, typically by a trial if the amount of support is ...
July 31, 2012CD
Beware of “True Up” Provisions and Changing Child Support Formulas When calculating child support, complex mathematical formulas are utilized which take in account prior and subsequently born children, health care costs, and the number of overnights exercised by the parent paying child support, to name a few. These are constant considerations in virtually all child support calculations. Because the child support calculation formula is used to determine child support for numerous types of parents across many types of economic circumstances, it remains fairly general. Stated differently, the income, status, and finances of each parent is different, and as such, a basic formula ...
June 26, 2012CD
A topic Ciyou & Dixon, P.C. has blogged about before is the new emancipation statute effective July 1, 2012, the new child support statute inIndianagoes into effect. However, there has been a recent case decided by the Indiana Court of Appeals which gives into how the Indiana Court of Appeals may view and apply this new law. To recap, the new child support emancipation differs from the current version mainly due to the change in the child’s age to terminate child support. Under the current (soon to be old law) children generally receive child support until they turned twenty-one (21). Under ...
June 14, 2012CD