Most litigants speak of custody loosely today and take it to mean who has the children, with the other parent getting Indiana Parenting Time Guideline time with the children and paying child support. In other blogs, we have posted materials to differentiate physical custody from legal custody and parenting time.
This blog focuses solely on legal custody as more and more parents have differing life views that come into sharp focus and dispute during marriage and paternity cases—and today marriage and having a child is not ... Read More
27
Jun2017
13
Apr2017
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 ... Read More
08
Mar2017
Many countries are signatories to the Hague Convention on the Civil Aspects of Child Abduction1; and the treaty has been ratified between these countries. When this is the case, a child wrongfully removed from his or her country of habitual residence may be subject to proceedings to return proceedings, generally brought in the country where they have been taken.
However, while there are always circumstances relevant to removal, a few constitute legal, affirmative defenses that will allow the judicial or ... Read More
11
Jan2017
While most domestic cases resolve before trial, those that are tried generally involve unique legal issues, or more commonly, extremely contentious issues such as child custody, amount of parenting time or child support (the two are linked), or serious issues about valuation of assets. Indiana judges get a “hot record”, meaning they are given great deference in judging the witness’s credibility. This blog covers four ways to “torpedo” your case by being a witness that lacks credibility.
The first is ... Read More
11
Oct2016
Divorce trials are different from other civil and criminal trials because the events that led to the divorce are still going on and creating evidence and issues up to the point of trial. For this reason, a great deal of trial prep occurs near the time of the trial to capture the essence of the divorce dynamics. In this situation, it is often hard to determine any sort of rules to follow in presenting your case to the ... Read More
04
Oct2016
As we move into our economic and monetary future, we increasingly move toward an integrated international economy and lifestyle. No longer is it unusual to become employed by a domestic company, but still have a position which calls for extensive travel, or even living in another country - at least for a period of time. And so follows that many relationships will also become international in one form or another.
This sometimes brings about potential complications, particularly in the area of children and ... Read More
06
Sep2016
In today’s mobile world with buses, trains, and planes we are able to reach almost anywhere in the world within a day or so, tens of thousands of children are abducted by family members each year. Most western countries have adopted a Hague treaty to address the return of the children from the parental abductor. This blog briefly covers three key points to bring a Hague case for return of a child abducted by his or her parent to the ... Read More
03
May2016
A common goal good family law attorneys seek to reach with any divorce or end of other parent-child relationship, as well as the judges who manage these cases, is to prepare their clients to avoid future hot-button issues. Where divorced couples have children, a new step-brother or sister or half-sibling can cause instability in subtle ways that may lead the parents back to court and undo the healing that comes with the closure from divorce. This blog post highlights three of the most common such dynamics.
The first ... Read More
27
Apr2016
Over the course of several decades of collective domestic practice, Ciyou & Dixon, P.C. attorneys observe two reoccurring mistakes that parents make, perhaps unknowingly, that may lead to contempt or modification actions or otherwise institute ill will and make it harder to co-parent and act in the children’s best interests. This blog post explores these mistakes so divorcing or divorced parents can avoid them.
The first is enrolling the children in school and not listing the child’s other parent on registration forms. This takes a more ... Read More
14
Apr2016
The Line Between Abuse, Neglect and Criminal Acts in Indiana
One of the strongest constitutional protections is the fundamental right to raise children without the State telling parents how to do it. However, everyone understands that freedoms and rights come with responsibilities and obligations. This is also true for children. Indiana is a conservative legal state, but has drawn lines where those rights end and move into civil or criminal acts on children by parents. This blog explores four key areas where a parent’s decision may ... Read More