The United States Supreme Court has long recognized the “fundamental right of parents to make decisions concerning the care, custody, and control of their children.”1 This fundamental right to parent is why the Indiana Courts place the burden of proof on the Department of Child Services (“DCS”) when it comes to proving that a child is a child in need of services (“CHINS”). Specifically, our Indiana Supreme Court has found that DCS must prove three ... Read More
17
Jun2019
13
Jun2019
The right to parent your child is a fundamental right, guaranteed by the Due Process clause of the Fourteenth Amendment. But, just like anything else in life, that right is not absolute. For example, parents who abuse their children, whether it be physical or verbal, do not have an absolute right to parent their child anymore. When a child is found to be in a detrimental home environment or found not having their basic needs met, ... Read More
05
Jun2019
“You have the right to remain silent” is a phrase most have heard, whether it be from a television show or personal experience. This phrase is from what is known as Miranda rights. Miranda rights are a centerpiece to the American legal system and arise out of the United States Constitution’s Fifth Amendment right against self-incrimination. But when exactly does an officer have to read an individual their Miranda rights? And what happens if an individual ... Read More
30
May2019
Protective Orders are powerful tools in the legal sphere. Protective Orders can be used to help ensure the safety of individuals in dangerous situations, such as victims of domestic violence. Additionally, Protective Orders can also be used to protect minor children from harmful situations or individuals, such as abusive or drug addicted parents. While Protective Orders are a powerful tool that can be used for good, they can also, by design, be used to wrongfully ... Read More
30
May2019
Divorces are hard. They bring a lot of emotional heartache. One such tool that couples can use to attempt to avoid some of this heartache in the unfortunate event of a divorce is what is known as a pre-nuptial agreement. Pre-nuptial agreements determine how property will be divided upon divorce. Pre-nuptial agreements are contracts, and like contracts, certain requirements must be met in order to be considered valid. While pre-nuptial agreements are very fact specific, they ... Read More
29
May2019
The United States Constitution, as well as the Indiana Constitution, protect against “illegal searches and seizures.” This means that a law enforcement officer cannot simply search your person or home, or seize your belongings, unless certain requirements are met. In Indiana, seizures of personal property must be done in accordance with Ind. Code 34-24-1. In a nutshell, property cannot be seized unless it is an incident to an arrest, ... Read More
28
May2019
Many people in Indiana have a general idea of what it means to appeal a decision. The popularity of legal TV shows, true crime shows streamed to our laptops and tablets, and news stories about the reversal of criminal convictions based on DNA evidence or a new United States Supreme Court case all touch on the idea of an “appeal.” We’ve already broadly covered the basics of an appeal in our blog post “What Does It Mean to File an Appeal?” This blog post ... Read More
22
May2019
Unfortunately, domestic battery is a very real problem in today’s society. Many individuals find themselves in abusive relationships, whether that be a boyfriend or girlfriend all the way to husband or wife. These types of cases can be very complicated, as well as extremely emotional. If you find yourself in a violent or abusive relationship, reach out for help, as there are many services provided free of charge that will help. These types of relationships can leave lasting ... Read More
17
May2019
The United States Supreme Court has found that the Fourteenth Amendment protects the fundamental right of parents to make decisions as to care, custody, and control of their children.1 This means that a State has no independent right to interfere in the parent-child relationship. Of course, this, like most other things in life, has its limits. A parent who abuses or neglects their child, for example, has no fundamental right to do so. Children in ... Read More
13
May2019
The Indiana Civil Protection Order Act (“ICPOA”)1 was enacted to protect victims of domestic or family violence and promote the prevention of future domestic and family violence2. The Act allows victims to file for an order of protection against members of their own household who have committed domestic or family violence. The Act also allows victims to file for an order of protection against individuals who have committed stalking or a sex offense ... Read More