What Parents (And Those Around Children) Need to Know About Removal as Punishment and Its Connection to Divorce, DCS Investigations, And Criminal Charges Parents who have children heavily involved with the use of electronics have all probably observed a “meltdown” when devices are taken as a form of punishment. However, with a certain segment of children—even very young children—mainstream psychology publications began widely reporting in 2017 various psychological issues with detachment and depression with removing electronic devices from the child. Pre- and teenagers had some changes in behavior, but also took outrageous steps to seek the return of the devices on par ...
April 30, 2018CD
In child custody proceedings, Indiana trial court judges award or modify custody by considering all1 of the evidence in order to determine a custody arrangement in the child’s best interests. There are several statutory considerations for the court to weigh, including the physical and mental health of the parents, as well as any other facts or circumstances that may factor into a child’s best interests as it relates to custody.2 For years, “soft” drug use, such as smoking marijuana, has been considered in awarding or modifying custody in Indiana.3 Further, serious drug addiction/abuse issues sometimes came before trial courts and ...
March 22, 2018CD
Parents have a right to raise their children without state interference under what has been referred to as the most fundamental right in the United States Constitution. However, there is a point where parental decisions cross the line into abuse or neglect or children engage in activities that would be criminal if they were adults. When this occurs, Child Protective Services (CPS) may be notified by any concerned third party and are required to be notified by certain individuals and entities such as medical groups, doctors, therapists, and teachers. There is a statewide toll-free number for notification. A child who is abused ...
April 5, 2017Adam Hayes
"Do I need an Attorney if I'm am contacted by CPS about my child in Indiana?" Each year Indiana Child Protective Services receives and investigates thousands of calls about suspected child abuse or neglect from a host of individuals ranging from doctors to teachers to counselors. Their job is to investigate and, if necessary, file a request for a Child in Need of Services case to be prosecuted. Many parents wonder when and if they should have their own attorney. This is the topic of this blog post. In short, the answer is “yes” there is the right to counsel, and parents ...
January 4, 2017Adam Hayes
At this point in the blog series, it addresses one of the most controversial and on-going types of domestic litigation: “child support.” The driving policy behind child support is to maintain the lifestyle the children were accustomed to prior to the divorce. However, it costs more money to operate two households than one. This creates the common position lawyers hear from their clients, which is a variant of “I cannot get by on that low amount of support” or “I cannot afford to pay that much and survive.” To determine the proper amount of child support each person should pay (which ...
October 29, 2015Adam Hayes
In Indiana, the Department of Child Services (DCS) investigates all allegations of abuse and neglect of Indiana’s children. There is a hotline where any person who suspects abuse or neglect of a child may make a report: 1-800-800-5556. Reports often come from doctors, teachers, and counselors. As a parent of underage children, it is possible you will receive a DCS inquiry about abuse or neglect of your child(ren) in your home. By law, an investigation must occur in a short time and this may leave you unsure whether to have an attorney represent you. There are many aspects an attorney can ...
October 20, 2015Adam Hayes