“Contempt of Court” is a phrase most of us have heard at some point in our lives. However, other than being familiar with the phrase, many have a very limited understanding of how contempt works and when it can be used. For instance, many do not know just how common contempt proceedings can be in child custody cases. But, you may be wondering, what is contempt? How can I defend against allegations of contempt in custody cases? In this blog, we provide brief overview of contempt, and provide advice on how you can defend yourself against contempt allegations.
In Indiana, there ... Read More
Tag: court of appeals
15
Jan2021
08
Jan2021
Like everyone and everything in life, the judicial system isn’t perfect. Mistakes are made. Sometimes, these mistakes can result in an improper verdict or decision. Child custody determinations are no different. Fortunately, our judicial system provides individuals with the opportunity to appeal certain rulings or decisions believed to be wrongly decided. But what about child custody rulings, can those be appealed in Indiana? If so, when should you appeal? In this blog, we look at when you can appeal a child custody determination and provide some considerations for you to keep in mind when deciding whether to appeal.
In Indiana, the ... Read More
23
Dec2020
Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with some exceptions. While the right to appeal is often cherished by those who receive a negative decision or judgment at the trial court level, this right tends to cause quite a headache for the party that was successful at trial. Often times, this leads individuals to ask themselves if they should even file a response to an appeal? Or if it really even makes a difference? In this blog, we look to answer ... Read More
18
Dec2020
In today’s world, married couples are as much romantic in their decision to marry as they are doing so for additional financial security. In other words, pure love is not necessarily the sole reason that most fairy-tail weddings are and how they end with a loving and respecting relationship until “death do us part”. For example, some couples separate but stay married because one spouse has a chronic condition and would lose medical coverage with a divorce. Whatever the case may be, what happens if years pass after separation and a divorce action is filed? This blog explores that topic.
By ... Read More
04
Dec2020
Everyone has heard of a “nightmare” child custody battle. Most other civil cases boil down to money. In some high conflict custody cases, the battle is about custody, joint custody, or additional parenting time beyond what is set forth in the Indiana Parenting Time Guidelines. This blog covers what courts consider in deciding physical custody and your options if you receive an unfavorable final order.
As a threshold matter, a litigant must understand how the Divorce Act directs judges to analyze and decide child custody in the children’s best interest. Specifically, the judge hearing the evidence is to determine what is ... Read More
13
Nov2020
Everyone has heard of a “nightmare” child custody battle. Most other civil cases boil down to money. In some high conflict custody cases, the battle is about custody, joint custody, or additional parenting time beyond what is set forth in the Indiana Parenting Time Guidelines. This blog covers what courts consider in deciding physical custody and your options if you receive an unfavorable final order.
As a threshold matter, a litigant must understand how the Divorce Act directs judges to analyze and decide child custody in the children’s best interest. Specifically, the judge hearing the evidence is to determine what is ... Read More
12
Nov2020
As you may know, the Indiana Supreme Court, as is the case in most states, is the highest judicial authority in the state of Indiana. However, what you may not know is the extent of the Supreme Court’s jurisdiction. In this blog, we look at three considerations in deciding whether you can or should to take your appeal to the Indiana Supreme Court.
Original and Exclusive Jurisdiction. The first consideration in deciding whether to take your case to the Indiana Supreme Court is whether your action is a matter where the Supreme Court has what is known as original and exclusive ... Read More
29
Oct2020
Unfortunately, situations arise in our society where a child’s biological parent(s) may no longer be the best person to raise the child. If such a situation is present, there are different avenues a third-party can utilize in order to seek custody of a child in lieu of the biological parent. One of the ways in which a third-party can seek custody of a child is being declared the child’s “de facto custodian.” But you may be wondering “what is a de facto custodian?” or “how can I become a de facto custodian?” In this blog, we try to answer these ... Read More
22
Oct2020
Appeals from divorce cases, or post-decree custody matters, constitute a large number of cases taken to the Indiana Court of Appeals. By the time a divorce trial is over (or subsequent child custody modification case), many people are drained emotionally and have spent a lot of money to litigate a divorce or modification action. However, the losing party (or both parties) can appeal. For most people, the mere thought of having to retain new appellate counsel to address an appeal is an unpleasant thought at best. Since there is no requirement to file an appellee’s brief, the question we often ... Read More
16
Oct2020
Many clients, and prospective clients, have come to us after receiving some sort of adverse judgment in a trial court wanting to appeal. These individuals typically have a laundry list of arguments that they want to raise on appeal. Yet, what some litigants do not realize is that there are limitations on what can be argued on appeal. This is understandable as the appeals process can be a long and confusing one, even for attorneys. Nonetheless, having a basic understanding of the limitations on, and rules surrounding, an individual’s argument on appeal will go a long way in preparing for ... Read More