Yes. No. Maybe.
In Indiana, child custody is always modifiable, if modification is in the child’s best interests and there is a substantial change in one (1) or more factors1 the court can consider under the initial custody determination statute, namely (1) the age and sex of the child; (2) the wishes of the child’s parent or parents; (3) the wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) ... Read More
05
Jun2020
24
Mar2020
With Governor Holcomb’s “Directive to Stay at Home” order taking effect at 11:59 p.m. on Tuesday, March 24, 2020 to slow the COVID-19 epidemic, parents with children born out of wedlock and from divorce face uncharted waters. This is because some states with stay-at-home or shelter-in-place orders have prevented custody and parenting time exchanges. There is simply mass confusion. This blog covers a reasonable application of how parents in Indiana should conduct themselves in exchanging the children during the ... Read More
07
Nov2019
As we all know, “life happens” and circumstances change. That custody order you once had may seem to become impractical as time goes on. Maybe you moved to be closer to your child and now you want more time. Or maybe you were once on hard times but now feel you are able to offer your child more than when the custody order was put in place. Whatever the reason may be, Indiana has established a specific statutory code to deal with the modification ... Read More
23
Sep2019
In most post-divorce cases, there comes a time when a non-custodial parent believes it is “time” to go back to court and move to modify custody. One major mistake parents make is equating the betterment of their life with a substantial change for their children to modify child physical custody. Custody modifications are not uncommon, and presupposing you are not making this mistake, what you need to establish to likely prevail in your modification case is based on three components that are explored in this ... Read More
27
Jun2019
In today’s world of cheap flights and parents working globally, it is not uncommon for divorced parents or those with children born out of wedlock to want to take their child to the Caribbean for a vacation or meet up abroad at the end of a work trip. This means the child will need a passport. Under the State Department Guidance, the best way to do so is with both parents authorizing the passport application. ... Read More
01
Oct2015
In each state, in Indiana and across the nation, there has been an acute focus over the last several years on Father’s rights to custody of their children. Law is slow to change and remnants of the “tender years presumption” continued pushing father’s rights groups harder. The tender years presumption is a older legal policy that children of a young or tender year should be in the care and custody of their mother in a divorce.
There are five key aspects of father’s rights, namely a father obtaining ... Read More