Trial is a nerve-racking experience for litigants, many have not been in the courtroom before. Indiana’s judges and lawyers want you to have your day in court and the case decided by a neutral fact finder. However, with the pressures of property and children in the balance, litigants do all sorts of little things that can help or hurt their case, sometimes in profound ways. Here are some recent observations. Things that can hurt your case: Having your cell phone ring during court. Trying to answer the question the right way, not the way it is presented. Arguing with the attorney or objecting to ...
Tag: Ciyou Dixon
August 6, 2015Adam 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
The very commonalities that brought two parents together in the first place often creates acrimony after divorce during parenting time exchanges, school events, and the like. In cases that are extreme, there are a variety of legal tools to consider that might resolve the issues, such as a contempt filing or parenting coordinator request. Sometimes, this even necessitates a modification of physical or legal custody or parenting time. Nevertheless, no lawyer or court can solve every issue between the parties. Over the years we have observed three practical tips or observations that you might try in your case before getting into ...
June 17, 2015Adam Hayes
A significant legal myth in the purchase of property is boundary lines. When a home is purchased, even a new home, the mortgage company typically requires a “survey.” There are three types of real estate surveys. With improved real property (which means a structure is built upon it), a purchase and mortgage usually requires a boundary survey. This is a legal term of art and generally means the property is the size described, such as a one-half an acre and the improvement (typically a home) is within the legal boundaries of the property. These are the least expensive of surveys. If for ...
May 21, 2015Adam Hayes
Every aspect of life with another person involved is a relationship of one sort or the other. This is true with every attorney you work with. In choosing an attorney, there are three key considerations you should ask yourself. Not all attorneys may be a good legal “fit” to your personality or case. Legal issues typically involve some type of threatened or actual problem or concern. Human nature makes all of us want agreement. However, a hallmark of a good attorney-client relationship is the trust that comes with accepting someone’s advice who disagrees with you. An attorney or other person you have ...
May 20, 2015Adam Hayes
At one time, grandparent visitation was a hot topic. Today, however, third parties, who often include grandparents, are raising the children of other parents. At some indeterminate point in time, this third party may have standing to seek a form of custody under a guardianship legal proceeding or de facto custody statutes. A natural parent has the constitutional right to raise his or her child, but the welfare and happiness of the children are ultimately of paramount importance. To overcome a natural parent’s right to custody a third party, there are three major factors1 a party may show, any one of ...
April 23, 2015Adam Hayes
Upon passage of the Gun Control Act of 19681, a person who wanted to deal in firearms for the primary purpose of making a living had to obtain a License (or FFL). Over time, the rather simple requirements incumbent upon FFLS became very rigid and strict. In theory, at present, a single violation of the GCA of 1968 can lead to revocation of an FFL and/or imprisonment. ATFE’s central purpose for holding FFLs to a high standard of compliance with respect to their records, primarily A&D Books, 4473 Forms, and Multiple Handgun Purchases is for proper law enforcement. With a dealer ...
April 14, 2015Adam Hayes
Any seasoned divorce attorney has observed the line between love and hate, passion and rage, and similar contrasts are narrow, contradictory, or even overlapping at times. The very dynamics that drove one person to fall in love with the other and have children can be the source of annoyance or worse upon divorce during custody and parenting time. Custody and parenting time are always subject to the divorce court’s jurisdiction and making an initial custody decision or modification based on what is in the child’s best interests.1 As such, attorneys are frequently presented with questions on how to make a given ...
April 7, 2015Adam Hayes
At the end of Vietnam, America experienced a long span of relative peace (i.e., where there was not a know war or police action occurring). Since 9/11 that has all changed and America has been in war related-activities in Iraq and Afganistan. There are numerous hot spots around the world, such as North Korea (i.e., the Sony hacking) and Liberia (Ebola) where military troops are deployed. A significant military deployment seems like the status quo for now and the foreseeable future. Outside of the Soldier’s and Sailors Act requiring certain notice to military families, there are several laws under the Dissolution ...
March 12, 2015CD
Due to the size of the State of Indiana, Hoosiers are fortunate to have wide access to a pool of quality attorneys, dedicated judiciary, and a stable body of law. That said, the notion of the “family or personal” attorney has largely gone by the wayside with the complexity in law as we wrestle with technology driven world. With this said, there are three key things to think about when you hire an attorney. The first is defining your legal need or objective. This may sound basic, but a car under the “Lemmon Law” may take an attorney who focuses his ...
February 10, 2015CD