At Ciyou & Dixon, P.C. we find litigants are often confused about the term, “custody”, what it means and the legal right associated with it. A good analogy is to think of a term known to almost all of us, such as a “tire”. We all know what it means? If you run across a dealer in earth moving equipment and advise him or her you need to purchase four tires, we suspect, at least initially, two parties might as well be talking in different languages. Your tire for your SUV is probably about fifty pounds. To the earthmover, a tire ...
October 6, 2011CD
Ciyou & Dixon, P.C. advocates sometimes represent clients who believe a child, their child, is not having his or her voice heard in the “white noise” of a acrimonious divorce proceeding. Nevertheless, there are a number of legal methods by which an attorney and client may aid the judge in ensuring the child’s best interests are heard and met. This is after all a key focus of trial courts. Some of the tools available depend on where the case is oriented, from the beginning of divorce proceeding, to post-divorce child custody modification. In consultation with your counsel, Ciyou & Dixon, P.C. advocates ...
September 15, 2011CD
As domestic advocates, Ciyou & Dixon, P.C. attorneys frequently are consulted and accept child custody modification cases. In order to modify physical custody, the moving parent must show there has been a substantial change in the child’s environment and the modification is in the child’s best interests. We find most post-divorce child custody modification cases fall within three (3) categories. The first is where a party is still re-litigating the past. The statutory rule nevertheless prohibits a trial court from hearing evidence occurring before the prior custody order. Thus, if this is the case, it is unlikely to be successful. The two ...
August 30, 2011CD
In a down economy, coupled with the consolidation in virtually every aspect of business, relocation is a frequent issue arising with custody and after the divorce decree is final. As family law attorneys, Ciyou & Dixon, P.C. is frequently asked to advocate for or defend against relocation by a custodial parent with the children. The reason this topic generates so much acrimony is because it almost always involves the non-custodial parent losing parenting time with the children or having it dramatically reworked. Thus, it is not surprising many of these cases are tried. In every Indiana custody relocation case, there are ...
August 25, 2011CD
As advocates who have handled hundreds of different physical custody modification cases, Ciyou & Dixon, P.C. advocates find all fall into two (2) strong factual cases for modification and two (2) weak ones (which are easier to defend). If you desire to modify custody, or are defending against a modification as a custodial parent, it is helpful to determine what type of case you have. The more insight you have, the more likely you will make solid legal decisions. And the better job you can do in helping your counsel prosecute or defend your position. Recovery from addiction or regulation of mental ...
August 16, 2011CD
“In the throws of passion, we made a sex tape. Does this have any bearing on child custody in Indiana?” Probably not, despite the fact it may be embarrassing. At the broadest level, the Indiana Rules of Evidence only allow “relevant” evidence to be introduced into any given legal case. At Ciyou & Dixon, P.C. we are presented with racy photos or sex tape questions on a frequent basis. We find in most cases, this material is not relevant because under the “best interests” standard trial courts must consider for admitting evidence, this is not relevant. Nothing about normal human sexuality and ...
July 26, 2011CD
A custody, parenting time and relocation evaluation may be requested and ordered by a domestic court where any of these contested matters are at hand: child physical custody (its initial determination or modification); legal custody, parenting time, and/or relocation. Such evaluations are a vital tool (of many) to consider in any given custody issue. At Ciyou & Dixon, P.C. we often find the place to start with a client we represent in such matters is with a fundamental explanation of terms. This ensures attorney and client are “singing from the same sheet of music.” Thus, where you the reader face a similar ...
June 7, 2011CD
At Ciyou & Dixon, P.C. we believe custody evaluations sometimes play a vital role in the preparation of a client’s case to facilitate it settling, typically in mediation, or to make it the best it can be for trial. The lynchpin of a custody evaluation is the evaluator’s consideration of collateral material. In basic terms, collateral information is what allows the evaluator to ascertain the weight to assign to each parent’s position. Consciously, sub-consciously, and/or unconsciously everyone presents his or her best side to a custody evaluator. This is human nature in matters of the heart, particularly child custody and related ...
June 2, 2011CD
The Custody of “Rover” the Dog. Yes, even the dog pays the price in divorce. Every experienced divorce attorney has had the conversation with a client about custody of the beloved family dog, affectionately named “Rover” in this post. In the times of high emotion and stress that often accompany a divorce, the unconditional love given by a pet may make all the difference. Sometimes, this makes the dog a focal point in the divorce. In Indiana, pets are property, and there is no application of the child-custody law. All of the fighting ends in the same place, a ...
May 18, 2011CD
Ciyou & Dixon, P.C. child custody advocates frequently discuss custody evaluations with their clients. They are one of the many tools in a domestic attorney’s tool box that may help a client to reach his or her custody objectives. To make the most of any case, however, they should be considered, not just used as a standard course. The place we begin at Ciyou & Dixon, P.C. is to explain to our clients the custody evaluation process. There are a number of concepts that you must understand to help us determine if this is, in fact, the right legal tool for ...
April 5, 2011CD