The Bed Bugs Epidemic and What Parents Can Do About It In The Custody Context In the last several years, an old enemy to the American (and individuals and families across the world throughout history) family has re-emerged on epidemic proportions: the lowly bedbug. Any issue that impacts any large segment of our society will ultimately present itself in the domestic arena. So too with bedbugs. The issue Indiana domestic lawyers are now being called upon to address for their clients is what can be done if the other parent has bedbug infestation and does not remedy the problem. In other words ...
July 19, 2012CD
The dynamics of what constitutes a “family” have been rapidly changing over the past several decades. What used to be considered family with a mother, father, and two children is no longer the norm, in many cases. Often, families now include step-parents, grandparents, half siblings, etc. This changing make-up of the family unit has led to more complex custody and visitation cases. As advocates at Ciyou & Dixon, P.C., we often see extended family members or sometimes even unrelated parties who have cared for a child, physically and financially, for a lengthy period of time have the child suddenly taken back ...
May 8, 2012CD
Relocation is a legal issue the custodial parent (although it does apply to non-custodial parents) often present Ciyou & Dixon, P.C. attorneys. Relocation is sometimes a financial necessity for work. Most adults no longer have a job for life, and custody relocation is often necessary to maintain or advance employment opportunities. Usually, there are other reasons associated with the desire to move, such as one parent has family in another state or a significant other. However, relocation is not a simple task in divorce and paternity matters, and these latter factors can obscure the case. There is the child and his/her ...
April 17, 2012CD
An observation Ciyou & Dixon, P.C. attorneys make is the nature, scope and complexity of facts that arise in child custody modification cases are often as diverse as the controlling statutes and case law. Thus, trial courts have wide latitude to decide these matters; subsequent modifications have a tendency to, or perception of, unsettling the child(ren) and are more difficult to accomplish than the original determination. This dynamic is recognized by Indiana appellate courts, who support wide discretion to trial court’s decisions and, correspondingly, are unlikely to reverse.1 Insights and examples into the outer boundaries of this discretion are difficult to ...
April 5, 2012CD
One rather complex issue is what evidence a parent has to put on at trial to receive more parenting time. Is this burden different from a physical custody modification since the net result can be deemed a change in how much time a child spends with the non-custodial parent, including more overnights, up to equal time? As advocates with a focus on education, Ciyou & Dixon, P.C. attorneys routinely go over these subtle distinctions with clients. We hope this blog post elucidates your view on these slight-to-major differences. Perhaps you cannot meet the burden to obtain a custody modification, but the ...
April 3, 2012CD
Testing Reliability of Information: Stereotype Induction and Source Monitoring A common occurrence in domestic (divorce or paternity) litigation involving children, from parenting time disputes to custody modification, is for a court to order a custody evaluation (A party may also be ordered to participate in Domestic Relations Counseling Bureau evaluation for this purpose if available. Ind.Code § 31-12-1-1. In addition, a party may seek a custody evaluation as a part of discovery under Ind. Trial Rule 35). Through the custody evaluation process, families will be evaluated, allowing this third party professional to make a report and recommendation regarding custody. One major component ...
March 15, 2012CD
Perhaps. Yes. No. Maybe. The answer is driven by the facts. Even with the most caring parents committed to making post-divorce parenting work, disputes and disagreements are common with the other parent’s right to reasonable parenting time. At Ciyou & Dixon, P.C. we frequently receive questions about denial of the first right of refusal to be the caregiver when the possessory parent is unavailable , tardy pickups and dropoffs , and denial or interference with phone contact. One of the central questions raised by our clients and other family law litigants is does this mean custody can or should be changed? The general ...
January 31, 2012CD
In Part I of this blog post, we sorted out some of the dimensions of legal custody. In Part II, the topic shifts to the corollary, physical custody. In the not-to-distant past, at a time where father’s rights to time with the child had not grown to the level of recognition (although under the gender neutral, best interests standard) they are today, the custodial parent (more often mothers) had primary physical custody and a father received “visitation.” Today, that is not the case, and Indiana’s trial courts are frequently hearing arguments advanced for joint physical custody, although the law is not ...
January 5, 2012CD
Few things domestic attorneys observe in daily practice, including Ciyou & Dixon, P.C. attorneys, pull at the heartstrings more than a child caught between two well-intentioned parents in a bitter custody dispute. It is for this reason that child custody lawyers, evaluators, and judges use wide variety of words to parcel out legal custody (and physical) with some precision at times. Sometimes as successor counsel, or just a friend reading another friends divorce paperwork, it is easy to wonder why so many words are used to relay a specific legal concept as it relates to custody. Semantics is the study of ...
January 3, 2012CD
At Ciyou & Dixon, P.C., we observe the failure and dissolution of a marriage, particularly those with younger children, is as much an emotional life event as a legal matter. Both parents deeply love their children, and want a post-divorce lifestyle to maximize time with the children and quality of life. This usually creates significant emotional stressors, which translates into the litigation in a myriad of ways when acknowledged by the litigant-parents: neither parent is going to spend the time with the children they did before and their individual standard of living is going to likely be scaled down. Thus the actual ...
November 3, 2011CD