Long gone are the days that mothers have a leg up on fathers because of the Tender Years’ Presumption. This presumption was that infants and perhaps toddlers were better served in their mother’s custody. Now fathers obtain physical and legal custody or are successful in the modification of custody with some frequency. Basically, it all comes down to the evidence the Court receives to determine what is in the child’s best interest. This blog covers the top six things fathers can ... Read More
17
Jul2019
23
May2019
The family dynamic is something that is always changing, and there is certainly no “standard” or “normal” family. After a divorce or a final determination in a paternity case, often one parent of a child has what is called primary physical custody, and the other parent (the “non-custodial parent”) has what is called parenting time. The terms of the non-custodial parent’s parenting time may take many different shapes, but in general, if ... Read More
15
Feb2019
Normally these cold, overcast days and dark weather leave us a bit glum. Nevertheless, for parents who have children who are not in a relationship with the other parent (by paternity and the relationship did not last or divorced parents), it’s time to think about the Spring Holidays, Holy days and the Summer and, well of course, parenting time. On the upside, on February 2, 2019, Punxsutawney Phil did not see his shadow, so it should all be a little brighter and happier soooooon . . . .an early ... Read More
18
Jun2018
Today, millions of children are being raised by grandparents, friends, neighbors, and sometimes, total strangers. This trend is growing each year. In this situation, these individuals acting as “parents” have no legal rights to the children they are raising, despite the fact they are providing for all aspects of their physical and emotional well-being. Practically speaking, this reality can create a multitude of problems for the caretakers, from enrolling the children in school to obtaining health care. All the ... Read More
07
Jun2018
In child custody disputes, whether initially made with a divorce or paternity filing, or on with a modification petition, the court decides child-related issues before it by determining what is in the best interests of the child. With most cases, a party seeking custody, as well as the court, want to “hear” from the child in some way. This blog explores the four key ways a child’s voice, views, and positions can be presented to a court for it to ... Read More
17
Jan2018
The Impact Upon Children in a High Conflict Custody Case
This blog discusses the importance of trying to resolve disputes in high conflict custody cases to try to avoid emotional harm to the children.
Often in high conflict cases involving child custody disputes, the single most important factor is ignored by the parties: “what is in the best interest of the child”. Many times, the conflict begins because one party, the non-custodial parent “wants” something, usually more time with the child, and the custodial parent ... Read More
27
Dec2017
Law changes ever so imperceptibly every day. It has to in order to keep up with our society and afford each of us the right to achieve “life, liberty and happiness” through due process of law. The right to due process of law protects the family that is singled out for the most protection in the Constitution —there is a fundamental right of parents to raise their children as they see fit, even if other people or government believes ... Read More
26
Dec2017
Custody is initially determined by the courts in divorce or paternity by considering statutory factors, including the age of the child, his/her adjustment to their home, school, community, and the mental and physical health of all individuals involved.1 In this situation, there is no preference for either parent.
Psychologically and socially, children need stability so custody is not as easy to modify. However, custody can be modified by a court upon a showing of substantial change in the initial custody factors, and that a modification would be ... Read More
24
Mar2016
Making the Factual Showings in Custody Modification
Almost every two people hear about a situation and come up with a different opinion. This is because second hand reporting removes the context and non-verbal communication that may be present, such as grimaces, winces, and other body language.
Because of this, the Indiana Court of Appeals and Indiana Supreme Court give great deference to trial court judges in custody modification cases. In cases where there is a pure factual dispute, and no question of the application of the law ... Read More
15
Mar2016
In Indiana, the term custody includes two distinct concepts, namely physical and legal custody. Physical custody generally refers to the parent with whom the child will spend the majority of overnights with during a year. Legal custody focuses on which parent (or both) make major decisions for the children, focusing on health, education and religion.
This blog post explores these and modification and division of this legal decision-making. In a majority of cases, legal custody is not at issue at all or to the degree with physical ... Read More
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