Normally these cold, overcast days and dark weather leave us a bit glum. Nevertheless, for parents who have children who are not in a relationship with the other parent (by paternity and the relationship did not last or divorced parents), it’s time to think about the Spring Holidays, Holy days and the Summer and, well of course, parenting time. On the upside, on February 2, 2019, Punxsutawney Phil did not see his shadow, so it should all be a little brighter and happier soooooon . . . .an early Spring is coming so look forward to sun and fun with ...
February 15, 2019CD
The Indiana Civil Protective Order Act (“Act”) provides powerful relief to help ensure the safety of certain covered Hoosiers who find themselves in dangerous situations, such as a victim of domestic violence. Additionally, the Act covers certain minor children in harmful situations or individuals, such as from an abusive or drug-addicted parent. While protective orders issued under the Act are unique and powerful tools in that they can be granted ex parte,1 they may be abused in cases by a petitioner’s false allegations and issued against a person who is not a threat to anyone. This blog explores the purposes ...
September 17, 2018CD
Today the definition of “family” is constantly changing and has a different meaning for Millennials than Boomers and is driven by the state of our society. Grandparents are raising their grandchildren. A friend, neighbor, or coach may be raising a child that is not his or her child. Presently, many kids are in DCS’ placement with foster families. Adults, parents, and grandparents are living longer, need assistance as they get older, and may move in with their children and live together for a long time. At some point, many of these situations become a “major problem”; and those who are ...
August 20, 2018CD
A taboo topic that has been around for decades has been sexual activity or assault between siblings and what is a normal part of the human development process. A 2002 study by the US Department of Health and Human Services found that at least 2.3 percent of children have been sexually abused by a sibling. When this type of disclosure is made (or abuse) it is required to be reported to the Indiana Department of Child Services who must investigate by law. This blog post address some of critical legal issues parents should consider if they receive a call their ...
May 29, 2018CD
Three Ways to Protect “Loans” From Family and Friends in Divorce Proceedings How can I protect money my parents or friends loaned me (actually “us” legally speaking) from being divided with my spouse in the divorce? A common scenario that unfolds in a divorce is a claim by the husband or wife that certain money in the marital estate and asset was loaned the divorcing couple and should be repaid. In most cases, there is not a perfected loan (document) recognized under Indiana law that is automatically given protection in divorce proceedings because the divorce court cannot undo a proper, binding loan ...
April 3, 2018CD
In criminal and domestic cases in particular, a litigant is often at his or her lowest point in life, facing a serious criminal charge or a messy and protracted divorce. The outcome of the case may shape their future. For this reason, most lawyers have encountered family and friends wanting to pitch-in to fund a proper case for a loved one. The question that arises is what are the ethical and practical limits to third-party payers. This is the focus of this blog post. The first and sometimes hardest point for the client and his or her financial helper is to ...
January 3, 2018CD
In most marriages, there are good and bad times. At some junctures, most couples contemplate the “what if” of a divorce. However, while by statistics and commonly accepted social norms, divorce is just a part of life, there are many “unsaid” considerations that the statistics and societal norms do not account for. This blog explores 5 key legal and social considerations you should make before considering or filing divorce—that you may not hear from any other person but should consider. First, in almost every case, children of divorce have long-term insecurities surrounding their parents’ divorce. It may well be that the ...
January 26, 2017Adam Hayes