Divorce brings uncertainty for parents and children. Normally, at least one parent will be moving out of the marital house and/or it may be sold because without both parties’ incomes the mortgage may be unsustainable. That said, one of the most important factors in raising well-rounded children is having stability. Certainly, moving houses (and maybe schools or districts) seriously impacts stability. In this blog, we analyze the legal aspects of keeping the children in the family home at the time of divorce. Obviously, if you are the parent seeking custody and you cannot afford the marital residence and the mortgage obligation ...
Tag: custodial parent
March 20, 2020CD
Take action now! The holidays are just around the corner. A plan for holiday parenting time needs to be determined before it’s too late. Especially if travel plans are involved now is the time to work out a schedule that will avoid additional stress during the holidays. Even if the parties follow the Indiana Parenting Time Guidelines for holidays, avoid any last-minute glitches by planning ahead for the division of holiday time. Of course, with any holiday parenting time plan, the parties should ultimately consider the best interests of the children so that they are able to see family from ...
October 22, 2019CD
Jobs and relationships (significant others) are in a constant state of change in today’s digital world. However, in cases where two parents share custody or one has primary custody and the other parenting time from a divorce1 or paternity order, a relocation of any significant distance can create a potentially significant issue for parenting by the non-relocating parent. Where the custodial parent is the relocating parent, if challenged by the remaining parent, the relocating parent must prove the relocation is made in good faith and for a legitimate reason. This blog presupposes a relocating parent can meet this burden; and ...
June 27, 2018CD
A number of our blogs over time have discussed the “how to” of a good faith relocation. Unfortunately, sometimes a parent gets blinded by the desire to move and loses sight of the fact this may not be in the children’s best interests; and he or she may provide very little or no notice and relocate. This blog addresses the potential remedies to stop or challenge a custodial parent’s relocation with the child by the non-custodial parent. When the custodial parent provides timely notice of relocation, the non-custodial parent can object in one of two recognized ways. The first is to ...
September 14, 2016Adam Hayes
Our society is more mobile than ever, working from home to teleconferencing across the globe. This makes relocation by a custodial parent more likely now than at any time in the past. There are three keys that a custodial parents must establish in order to be allowed to relocate with the children. First, and perhaps most important, is that the relocation is made in good faith and for a legitimate reason. A job transfer, layoff, and work-related reasons are the most common and likely to be successful. What this means is the relocation’s central reason must be for the benefit and ...
December 2, 2015Adam Hayes
Once an initial custody determination is made and parenting time is determined, it is not etched in stone. However, a modification of custody requires more than simply stating “this is not working out”. The party seeking to modify child custody must show that there has been a substantial change in the factors for determining custody, and a modification is in the best interests of the child1. Some major events can give rise to a petition to modify custody due to the serious nature of the event. For example, if the custodial parent seeks to move 20 hours away, this may be ...
September 2, 2014CD
As family law matters progress, one of the first issues to be determined by the parties is parenting time/custody. In some instances, the parties can agree to or are ordered to have joint physical custody. Other times, one parent is granted sole physical custody pursuant to the other parent’s parenting time. Parenting time is often granted, at a minimum, pursuant to the Indiana Parenting Time Guidelines (IPTGs)1. Generally, for older children, this includes midweek parenting time for a few hours and every other weekend for the parent exercising parenting time. The IPTGs are considered a minimum of parenting time, and if ...
October 1, 2013CD
When custody and parenting time have been determined in a divorce or paternity action, a parenting time schedule is often put into place. Generally, a standard parenting time schedule when one parent has been granted primary or sole physical custody of a child over the age of three (3) is that the non-custodial parent will receive a midweek visitation (this may be overnight depending on the age of the child and the circumstances of the parents) and every other weekend from Friday evening to Sunday evening1. This schedule is a guideline, and can be adjusted according to what is best for ...
April 25, 2013CD
In most domestic cases involving children, child custody and child support are two (2) of the key issues in the litigation process. Determining where the child will physically reside (the custodial parent), how the parents will make legal decisions regarding the child (about major life issues, such as religious upbringing), and the amount of support owed by which parent are all common parts of divorce and paternity matters. What happens when child support is not paid? Previous blog posts have examined contempt petitions and even suspension of a parent’s driver’s license for failure to pay child support. In extreme cases, a ...
January 29, 2013CD
Ensuring the Children’s Best Interests In many of our previous blog posts, we have explored the determination of a child being CHINS (a Child in Need of Services)1, TPR (Termination of a Parent’s Rights)2, and adoption3. Ultimately, all of these cases that involve where children are placed when the parents have legal issues impacting their ability to parent are governed by the best interests standard. For instance, if a child is determined to be CHINS and a divorce is pending or has occurred or paternity has been established, the child may be placed with the other parent; usually this parent has previously ...
July 17, 2012CD