Permanency and stability are keys for children; Courts are mindful of this in considering all requests for custody modification in a child’s best interests. For this reasons, Indiana trial courts and attorneys are reluctant to entertain “emergency” motions for child custody modification in all but extraordinary situations because this is incongruous with taking the time to allow the attorneys to develop the evidence and present the case.
However, there are four somewhat common situations where a trial court may set an emergency hearing and modify custody, if the right evidence is present: (1) criminal arrest or conviction; (2) drug or alcohol ... Read More
Tag: emergency
23
Nov2016
14
May2015
Divorce attorneys all want to help every client or potential client meet their legal objective, which may range from a certain distribution of assets to specifics of custody. However, unlike most areas of law every seasoned family law attorney or judge will tell you emotion fuels divorce and a litigant often is in the best of time (freedom) and the worst of times (lower economic standard with two households) at the same time.
Most litigants want to waive the white or checkered flag and have the divorce behind them.
However, a small percentage of cases are “white” hot, meaning the case—maybe your ... Read More
06
Feb2014
When an emergency happens involving illegal activity, often there is a fear to get help or assistance, due to the concern that the others present will be in trouble. However, recently, Indiana has passed legislation that protects those calling for help for someone who needs assistance from facing criminal consequences in certain circumstances1.
Under what is referred to as the Lifeline Law, in Indiana, if a person requests medical assistance for another in need due to alcohol consumption, even if the person reporting has been drinking and is underage, the person reporting will not be prosecuted.
So, for example, if there are ... Read More
10
Nov2011
At Ciyou & Dixon, P.C. we understand and observe the typical civil or criminal litigant has little understanding of the appellate process. Our firm position is the more informed a client is about a matter (recognizing not everything on-line is accurate or without a political slant), the better job he or she may do in aiding his or her client with an appeal.
As a general note, appeals of cases are not common relative to the number of bench and jury trials conducted throughout the state. They are “big deals” because if thoroughly researched and written, they are time consuming, expensive ... Read More