As we all know, life happens, and circumstances can change quickly. That custody order that was recently put in place may seem to become impractical in a moment’s notice. Maybe you or the other parent are intending on moving to a new state. Or maybe the other parent married someone that you believe is harmful to your child(ren)’s well-being. Whatever the reason may be, Indiana has established a specific statutory code to deal with modification of custody. This blog provides a brief overview of modification of a custody order and the process behind same.
In order to modify a custody order, ... Read More
Tag: custody modification
16
Oct2020
09
Oct2020
We quite frequently receive questions and complaints from clients regarding the other parent’s misconduct towards them or interference with their parenting time. These complaints tend to be followed with the question “can I modify physical custody?” Unfortunately, there is no hard and fast rule that can provide a ready answer to the question. Each custody case is unique, requiring an independent legal analysis. However, in this blog, we provide a quick overview of custody modification and when a parent’s misconduct or interference may rise to the level to modify custody.
It is important to note that in Indiana, child custody modification ... Read More
04
Sep2020
Parental alienation is just what it claims to be.1 It is a parent (usually the custodial parent if the parties are divorced or the child is born out of wedlock) who engages in a systematic campaign to denigrate the other parent and make the child(ren) of the parties afraid of the other parent. Unfortunately, with children of a young age, they may be more than just conditioned to be afraid of the alienated parent, but they may come to have false memories of some bad act or event caused by the alienated parent. How this plays into a contested custody ... Read More
21
Aug2020
In many cases, parents want an immediate court date to modify custody due to what they believe is an “emergency” matter. This may range from denying parenting time on a significant holiday and the children not being able to attend an important family event to a new relationship one parent develops with a person who the other parent believes is a bad influence on the children and/or puts them in harm’s way. Clearly, Indiana Courts have the authority to conduct emergency custody modification hearings (and do) to look out for a child’s best interests. However, in most cases, these types ... Read More
14
Aug2020
For many reasons, parents of children of divorce or paternity become estranged from their child. Psychological research shows that children are the most developed and have the best adult lives when they have a solid relationship with both parents. It may be a significant out-of-state move and/or re-marriage that has caused the split or, in some cases, it may be your child has been alienated by his or her other parent. This blog covers the major types of alienation and legal remedies you may utilize to re-establish the relationship.
In perhaps the most common scenario, a parent has simply drifted away ... Read More
22
Jul2020
In all child custody litigation—the original determination by a court or in passing on a modification petition—the trial court always looks at what is in the child’s best interests. In making its initial determination to award physical custody, there is no preference for either parent. With a modification, a substantial change in circumstances must be established and be in the child’s best interests. In this blog, we cover how courts consider the wishes of a child fourteen (14) years of age or older.
With regard to age, a child’s advanced age is important to two (2) significant types of litigation: custody ... Read More
16
Jul2020
Child custody proceedings tend to be confusing and emotional times. Whether it be an initial custody proceeding or a modification of a pre-existing custody order, the process always seems to be draining on all involved parties. However, you can relieve some of the emotional burden by understanding the basic workings of child custody in Indiana. In this blog, we provide four things to know about child custody in Indiana.
Physical and Legal. The first thing to know about child custody in Indiana is that it is divided into two distinct categories. First, there is physical custody. Physical custody simply means the ... Read More
07
Jul2020
Child custody litigation is a gut-wrenching experience for all parents. Both want the same amount of time they had before the divorce or post-divorce they may be seeking a modification to gain additional time, but there is only a finite amount of time for custody and parenting time. That said when a parent loses a custody battle their first thought often is to appeal. Sometimes this is possible and sometimes it is not. Further, there are a number of different reasons to appeal. When and why you should appeal a loss in custody litigation is the focus of this blog ... Read More
13
May2020
Maybe. As a general rule, the Indiana Department of Child Services has a hotline that parents and others may call1 (or must if they are a mandated reporter) to report cases where children are in danger. These reports are immediately investigated, and if need be, the children can be removed from one or both parents, followed by an emergency detention hearing. That said, there are remedies divorced parents (and those with children born out of wedlock) may follow to obtain “emergency custody” that does not involve the Indiana Department of Child Services. These legal tools that are available through divorce ... Read More
06
May2020
In domestic cases, trial courts are given wide discretion to decide matters initially, such as when the parties divorce or later in child-support and/or physical and/or legal custody modification proceedings. Further, because so much time, emotion, and judicial resources go into domestic cases, Indiana’s appellate court gives trial courts vast leeway to judge the credibility of witnesses when deciding issues.2
Even if the Court of Appeals might have decided the case differently, it defers to domestic courts on how much weight to assign to a witnesses’ credibility. However, the appellate court’s do not defer to the trial court if it applies ... Read More