The family dynamic is something that is always changing, and there is certainly no “standard” or “normal” family. Many may picture a mom, a dad, and a couple of children when thinking of what was called a “nuclear family.” However, the truth is, families, often, do not resemble a nuclear family. Families may consist of same-sex couples, single parents, step-parents, half-siblings, adopted children, aunts, uncles, third-party custodians, or a myriad of other possibilities. On this note, it has become increasingly common for grandparents to play an active role in raising a child while the child’s parents are at work or ...
March 28, 2019CD
Unfortunately, when a couple divorces, all members of the family must adjust to a new dynamic. Despite provisions for parenting time and visitation rights in various statutes, a divorce may disrupt the relationship between children and parents and limit the time they get to spend together. However, with the incidence of divorce being high, and with step-parents playing an ever-increasing role in children’s lives, a step-parent may wonder what rights they may have after they separate from a biological parent of a child. This blog explores some recent Indiana cases on this subject. An important concept: the difference between custody, parenting ...
March 14, 2019CD
Let’s face it. There are some parents that just cannot agree on certain issues related to their child, such as extracurricular activities or (legal) discipline of the child. As a result, Indiana has started utilizing a newer method to address co-parenting in these situations. This blog post focuses on parallel parenting, a concept targeted toward parents experiencing consistent conflict due to their inability to agree to virtually anything, sometimes reflective of different life views that led to divorce and, others, the on-going “wounds” from the breakup of the marriage. Parallel parenting is a fairly new concept introduced in March of 2013 ...
April 13, 2017CD
It Isn’t What You Think or Hear on TV about Stars . . .but It is There Divorce actions routinely involve financial issues presenting as complex determinations of support for children, tax consequences, and asset and liability division. However, one financial issue that may be less common in divorce is the concept of what many think of as “alimony”. In fact, in Indiana, there is not a type of financial support for a spouse called “alimony”. Indiana has a related legal comparison that is called spousal maintenance, but unlike alimony available in some states, it is restrictive in what and how a ...
July 3, 2012CD
Few things domestic attorneys observe in daily practice, including Ciyou & Dixon, P.C. attorneys, pull at the heartstrings more than a child caught between two well-intentioned parents in a bitter custody dispute. It is for this reason that child custody lawyers, evaluators, and judges use wide variety of words to parcel out legal custody (and physical) with some precision at times. Sometimes as successor counsel, or just a friend reading another friends divorce paperwork, it is easy to wonder why so many words are used to relay a specific legal concept as it relates to custody. Semantics is the study of ...
January 3, 2012CD
“I know grass grows on it! Is this what my lawyer means by our ‘Marital Property’ in Divorce?” For readers of our blog posts, you probably have a pretty good idea that divorce law has a lot of flexibility and ambiguity–and suspect this is a trick question. You are right. The answer is clearly “Yes”, but also and equally “No”. Ciyou & Dixon, P.C. attorneys frequent field (no pun intended) questions along the lines of “What is Marital Property?” The answer is important indeed. Under divorce law, property brought into the marriage, acquired during the marriage, and/or before final separation of the ...
December 6, 2011CD
This question is one that has played itself time and again through US history and in every state. The legal concept of preemption may apply to any matter. In basic form, it asks the question of who should decide a matter — the State or the local government. Many years ago, Indiana law fundamentally changed on how this was viewed. Until this, the only power a local branch of government possessed to regulate its affairs was what was specified by the Legislature in a statute. In other words, if a statute did not allow a local government to regulate firearms ...
May 11, 2011CD
There is tension between these legal doctrines among all of the states in the Nation. In fact, Home Rule is an ancient legal doctrine that created great struggles with former holdings under the British Empire. The Empire wanted to impose its will remotely, but the holdings believed they were unique and should be able to determine affairs unique to it. As it relates to firearms law, a vast number of states have vacillated between the balance to strike between Home Rule and Preemption. The majority of States have adopted state-based preemption. This means that only the State can ...
May 3, 2011CD
The Castle Doctrine is an ancient legal concept or maxim. It dates from Roman times and its law. The concept is fairly straightforward. The castle, sometime ringed by a wall or mote, and/or its adjacent fields, stock, and storehouses could be (had to be) defended by force from all intruders and other attacks. A castle and its environs were essentially an independent city and place of last resort for the nearby and countryside inhabitants. Raid and taking it by invaders was little different from stealing its livestock or crops and stores. If the castle fell or was significantly impaired by ...
May 3, 2011CD
Parenting Coordinator questions are frequently asked of Ciyou & Dixon, P.C. attorneys. To understand the answers, some history of custody and visitation (now called parenting time) is in order. Less than 20 years ago, one parent was awarded physical custody by the trial court, and the other visitation. Most courts (in all counties) merely followed the Marion County Visitation Guidelines. The non-custodial parent had regular visitation one night during the week and overnights on alternating weekends. Ultimately, the social, psychological and legal experience demonstrated that this was not optimal. Children of different ages had different needs, as did their respective parents ...
April 5, 2011CD