Maybe. As a general rule, the Indiana Department of Child Services has a hotline that parents and others may call1 (or must if they are a mandated reporter) to report cases where children are in danger. These reports are immediately investigated, and if need be, the children can be removed from one or both parents, followed by an emergency detention hearing. That said, there are remedies divorced parents (and those with children born out of wedlock) may follow to obtain “emergency custody” that does not involve the Indiana Department of Child Services. These legal tools that are available through divorce ...
Tag: divorce act
May 13, 2020CD
Divorce brings uncertainty for parents and children. Normally, at least one parent will be moving out of the marital house and/or it may be sold because without both parties’ incomes the mortgage may be unsustainable. That said, one of the most important factors in raising well-rounded children is having stability. Certainly, moving houses (and maybe schools or districts) seriously impacts stability. In this blog, we analyze the legal aspects of keeping the children in the family home at the time of divorce. Obviously, if you are the parent seeking custody and you cannot afford the marital residence and the mortgage obligation ...
March 20, 2020CD
The most helpful divorce litigant is one who understands the divorce process for the issues in their case (such as disputed custody or division of high assets marital estates). In this blog we will survey some of the key considerations a judge will typically utilize in dividing up high asset estates; generally, these are net marital estates that surpass one million dollars in net worth (after the liabilities are deducted). The place to start in understanding how judges look at property division is with the presumptions in the Divorce Act (the statutes that have been passed by the legislature and signed ...
January 17, 2020CD
The importance of pets in our society is measured in terms of billions of dollars. Couples are delaying children or not having them at all--and pets are more commonly accepted everywhere—such as at hotels. They are the “kids” for many people and when a divorce comes about, they can be the central issue of contention—who gets “Tigger” the cat or “Fido” the dog. This blog addresses pets under current Indiana law. As many readers may be surprised to learn, pets are treated as normal household property—like the plates in the kitchen and the car in the driveway. Nevertheless, that does not ...
September 11, 2019CD
In high conflict custody cases, it is common to have a forensic Ph.D. level custody evaluator conduct an evaluation and make recommendations to the court as to who should have custody in the child’s best interests. These evaluations result in a written report. However, no professional is accurate all of the time, and occasionally an errant report issues. In short, we all make mistakes—even professionals. If you get an adverse custody evaluation in your case, this blog is focused on potential “fixes” for a custody evaluation that we have tried over time. Review of the custody evaluation by another expert. It ...
September 10, 2019CD
There is never a good time for a divorce. Just the thought is “sickening” for most spouses. However, some marriages will not withstand the test of time—in fact, roughly half of them—and a divorce will occur. While many factors may play into a divorce, such as timing (i.e., when the kids graduate from high school) and planning (e.g., securing a certain job or finding a place to potentially move if it gets nasty), this blog addresses three situations when you must consider filing for divorce now versus later for your own financial security, protection of your children and minimizing loss ...
May 7, 2019CD
"What can I do and explain my rights if my spouse has been hiding funds preparing for a divorce or wasting marital assets on gambling, drugs, or illicit relationships?" Generally, missing or hidden assets, what is referred to as marital waste under formal legal terminology, should be attributed to the spouse who is acting improperly. Under the Indiana Divorce Act, a trial court is to presume an equal division of the marital estate is just and reasonable. This said, a trial court may deviate from the equal presumption in cases of marital waste. For the most part, Ciyou & Dixon, P.C. advocates ...
July 22, 2011CD
“I married a much younger man. He brought most all of the assets into our marriage, which is over $1 million. It is not working out. If I file for divorce, what am I entitled to under Indiana law?” The presumptive division of the marital estate is 50/50. In addition, Indiana is a one-pot theory state. What this means is that assets owned before the marriage, obtained during the marriage, or after it before separation, are included in the martial estate to be divided (a.k.a. Division of Assets) by the trial court. However, for marriage of short-duration, the Divorce Act directs trial ...
June 30, 2011CD