With the Holiday Cheer often comes parenting time and other child-related disputes surrounding the holidays including Thanksgiving, Christmas, and New Year’s. To avoid some potential of dispute, we suggest you look at your most current custody order(s) and the Indiana Parenting Time Guidelines. With this, you can engage the other parent in a discussion and try to reach an agreement about who has what time and drop-offs and pick-up times and places well in advance. Try to account for foreseeable problems, such as bad weather or those that are unique in your situation, such as the fact that sometimes life ...
November 6, 2018CD
Every judge in every county and attorneys observe certain cases where the parents cannot agree on anything and are constantly in court post-divorce as it relates to children. The miracle of courts is it allows a dispute to be resolved when every other institution and solution fails. But it exacts a price on the parents, judges and lawyer—and ultimately the children. Litigation rarely is in the children’s best interests if there is another solution. Some serious and prolonged litigation is rooted in miscommunication and perceptions of parents that can be avoided or minimized at that time or in the future by ...
March 30, 2016Adam Hayes
The Holiday Season is a time of joy and stress for everyone. This is particularly the case for parents who have children from divorce or paternity with child exchanges. Holiday time is magical for children and there is a finite amount of this holiday time. Both parents want their time. However, the legal system cannot get back this time by a subsequent legal proceeding, so try to avoid unnecessary conflict. Sometimes there is no ability to resolve any and all issues and a court action for contempt or modification is merely reflected and magnified by holiday parenting disputes. However, if the ...
December 15, 2015Adam Hayes
A significant legal myth in the purchase of property is boundary lines. When a home is purchased, even a new home, the mortgage company typically requires a “survey.” There are three types of real estate surveys. With improved real property (which means a structure is built upon it), a purchase and mortgage usually requires a boundary survey. This is a legal term of art and generally means the property is the size described, such as a one-half an acre and the improvement (typically a home) is within the legal boundaries of the property. These are the least expensive of surveys. If for ...
May 21, 2015Adam Hayes
While it may seem that America, and even Indiana are getting more and more litigious and new lawsuits are never ending, the cases that actually go to jury trial are far fewer than actual cases filed. This is because many cases settle outside of court, using either alternative dispute resolution or are dismissed. A recent profile by the Indiana State Judiciary examined the judiciary system in Indiana for 20121. In Indiana, during 2012, 1.6 million new cases were filed2. However, only 1,338 jury trials were held in Indiana in 2012, a decline from past years.3 These cases include criminal and civil ...
December 24, 2013CD
In Part I of this blog post, two of the “mistakes” that often occur by nothing more than human nature in a custody evaluation were discussed: (1) trying to answer psychological testing in a favorable way, and (2) coaching children to a degree before a custody evaluation. It is important to be aware of these because they can occur at the unconscious level–engaging in these behaviors without realizing it. By realizing these common mistakes or issues, a parent can make the most of his or her custody evaluation, and ultimately, to act in their child’s best interests. Below in Part II ...
July 26, 2012CD
One key aspect of human nature is to see our problem(s) as more important than everyone else’s problems. In addition, the need for a timely resolution of any given stressor is important to living a fulfilled life. As domestic advocates at Ciyou & Dixon, P.C., we observe these two factors collide and often create great duress for clients when child/ parenting time disputes arise. The protective nature of a parent (with perhaps some unresolved emotion from the divorce itself) necessitates a dispute be settled NOW! Unfortunately, many of these matters occur at the margins of what the Indiana Parenting Time Guidelines ...
February 28, 2012CD
At some level, law is unique because it is a model based largely on conflict and dispute and the concept of fault. Most every person or business entity takes issue with being at fault. In the ideal world (which few of us ever experience because life is a messy, non-linear process), the legal system’s foundational laws prevent conflict by an ever-developing body of law responsive to society. Where this is not the case, litigation in a trial court may ensue. Short of an agreement upon which it terminates, a party will more or less win or lose in typical cases. In ...
November 15, 2011CD
Ciyou & Dixon, P.C. attorneys routinely receive questions about contracts. One we receive from our clients and perspective clients is what needs to be in a contract and why. The specifics of any contact are always difficult to determine and hard to draft. Nevertheless, there are three (3) broad areas every informed person should generally understand to interact with all of the contracts faced in routine daily life. With this it is possible to identify when legal counsel may be necessary in any contractual matter. The first distinction is between goods and services. To facilitate interstate commerce in goods (i.e., ...
May 3, 2011CD