With the age of the internet, most legal consumers have some working knowledge of the issues surrounding their case in a trial court or on appeal. While appeals are much rarer than trial court proceedings, there is still good general information available online about appeals. A little research shows that most appeals involve issues of fact or law. With pure questions of fact, the appellant’s position (on appeal) is the trial court did not properly weight the facts or excluded key facts. Questions of law, which make for stronger appeals, argue on appeal the trial court misapplied the law. However, in ...
January 2, 2018CD
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 custody. Many parents were drawn together as a couple because of similar views on ...
March 15, 2016Adam Hayes
The decision to get divorced can often be a difficult one, with underlying issues and bad feelings all around. Once the decision to get divorced has been made, there are still several matters to determine when moving forward with divorce and what can be accomplished with a divorce. 1) Jurisdiction. Generally, one of the first issues to determine before filing divorce is jurisdiction. In Indiana, the requirement is to have resided in Indiana for the past 6 months and the County in which you are filing for 3 months. 2) Pregnancy. Generally, parties cannot get divorced if Wife is pregnant. 3) No Fault. Indiana is a no-fault ...
June 12, 2014CD
Without a court order a grandparent does not have a right to visitation with their grandchild. In other words, unless allowed by a parent, a grandparent cannot demand certain visitation with a grandchild. There are, however, specific circumstances under which a grandparent has the right to seek visitation. A recent U.S. Supreme Court decision ruled that just any third-party may not petition for visitation because it unconstitutionally infringes upon the rights of parents1. The Court specifically stated that “fit parents” are presumed to act in their children’s best interests and the state should not “inject itself into the private realm of ...
September 19, 2013CD
One common question parties wishing to appeal decisions/sentences/judgments have is how the Court of Appeals will hear the evidence underlying an appeal. A common misconception is that all appellate cases are heard before the Court of Appeals. However, it is only a fairly small percentage of cases that are heard and argued in person before the Court of Appeals, in what is called oral argument1. If oral argument is not ordered in the case, the information and background of the case is set out by the parties through briefs and appendices. The Notice of Appeal is the first filing with the ...
August 20, 2013CD