A common misconception between parents of young children during divorce is that “child support” stops when the child(ren) turn 18. This is not the case necessarily in Indiana, which is the subject of this blog. First, it is important to note that Indiana is one of the few states that has a statute in the Divorce and Paternity Act providing that a parent may be ordered to pay educational expenses once a child has reached the age of majority (i.e., eighteen).1 Most states have repealed the laws requiring divorced parents to pay and provide for college expenses. The minority of states ...
June 22, 2016Adam Hayes
In custody matters, the best interests of the children are paramount, and the process seeks to determine who shall have physical and/or legal custody of the minor children of the parties. However, the parents are the parties to a custody matter, not children, and in fact, children’s statements are generally hearsay, and not admissible in Court under the Rules of Evidence. So, how are children heard in the judicial system? There are several ways. There was a previous presumption that a child under age ten (10) was an incompetent witness. This has been repealed (revoked) for several years. So, one way ...
June 19, 2014CD
In a matter involving custody, one big issue parents often face are records regarding the children- medical/health records are just one (1) common example. But who all has access to these records? In short, it depends. Generally, both the custodial and non-custodial parents are entitled to access to the children’s health records. Both parents are equally able to call up a provider and request records. If there is a protective order or other limitation on one parent, these records may not be accessible. But under Indiana law1, both parents are generally entitled to their children’s health records. There are limitations to information ...
May 29, 2014CD
Often, during divorce or paternity matters, physical custody (who the child lives with) is either divided jointly or one parent is granted custody and the other parent is granted parenting time1. But what about parties who are not parents? Can they get visitation with the child? There are three main categories of parties who can petition the Court for visitation: parents, stepparents, and grandparents2. However, just because one of these persons wishes to have visitation, there are still hurdles to overcome. For example, Grandparent Visitation is governed in Indiana by statute3 and a Grandparent seeking visitation with a child must show ...
December 31, 2013CD
As previous blogs have explored, the impact of divorce on children can often have a severe and lasting effect. There are certain tips that parents can follow to try to help make the transition from whole family unit to separate households as smooth as possible. One thing to remember is that while there may be bumps along the way, continuing to communicate with the children is key, along with making sure children’s fears and concerns are heard. 1. Assure children that they did not cause the divorce Often children, especially younger children, can feel that they have done something wrong or created ...
December 5, 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
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