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 the tools available depend on where the case is oriented, from the beginning of divorce proceeding, to post-divorce child custody modification. In consultation with your counsel, Ciyou & Dixon, P.C. advocates ...
September 15, 2011CD
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 likely you will make solid legal decisions. And the better job you can do in helping your counsel prosecute or defend your position. Recovery from addiction or regulation of mental ...
August 16, 2011CD
All seasoned family law attorneys, judges, and related professionals, such as parenting coordinators and therapists, have worked with parents who simply cannot get along and reach agreement on simple things. Appellate cases report parents who make parenting with their children a “battleground.” Often this becomes acute with face-to-face transitions of the kids. Sadly, some parents have to have these supervised or occur at a place like a police station. Children “get it” and carry this baggage into their future relationships. At Ciyou & Dixon, P.C., we see this unfortunate situation occur on a daily basis. Over the years, we have compiled a ...
August 11, 2011CD
More and more, the mental health dimension of divorce–one of the biggest life stressors– is being accounted for in the legal system. Is this the right tool in your case? All marriages should be seriously evaluated to determine if they can be saved. Ciyou & Dixon, P.C. advocates are firm believers that the hum-drum of marriage masks reality: the grass is not greener on the other side of the fence. That perfect family and life does not exist. For the most part, any situation is what you make of it. Is this your marriage and can counseling help? A key to evaluating ...
July 28, 2011CD
“In the throws of passion, we made a sex tape. Does this have any bearing on child custody in Indiana?” Probably not, despite the fact it may be embarrassing. At the broadest level, the Indiana Rules of Evidence only allow “relevant” evidence to be introduced into any given legal case. At Ciyou & Dixon, P.C. we are presented with racy photos or sex tape questions on a frequent basis. We find in most cases, this material is not relevant because under the “best interests” standard trial courts must consider for admitting evidence, this is not relevant. Nothing about normal human sexuality and ...
July 26, 2011CD
“I married a much younger man. He brought most all of the assets into our marriage, which is over $1 million. It is not working out. If I file for divorce, what am I entitled to under Indiana law?” The presumptive division of the marital estate is 50/50. In addition, Indiana is a one-pot theory state. What this means is that assets owned before the marriage, obtained during the marriage, or after it before separation, are included in the martial estate to be divided (a.k.a. Division of Assets) by the trial court. However, for marriage of short-duration, the Divorce Act directs trial ...
June 30, 2011CD
Is it true a custodial parent can be ordered to pay the non-custodial parent child support? At Ciyou & Dixon, P.C. we field a wide array of child support questions. These range from advising clients about collecting large child support arrearages to what to do with erratic income as a parent-payor. Most of these issues are ones the general legal consumer will never encounter, and which are frankly, not that interesting and downright boring. There are exceptions. One is “negative” child support. This is where the custodial parent (the parent who has the children the majority of time) might have to pay ...
June 21, 2011CD
"How Hard Should I Fight This? And, What is the Hague Convention?" You should fight HARD. Under the Hague Convention on the Civil Aspects of Child Abduction, signatory countries may seek to have a child returned to his or her country of habitual residence. This is very complicated, and you will need knowledgeable family-law counsel to guide you through how the treaty operates in each country (who speaks French or English, which are the official language of Hague treaties, plus the native language). This is a time-consuming and expensive process. It is important to note the Hague Convention only applies to ...
April 5, 2011CD