Historically, the tender’s years presumption was law and effectively held that young children were presumed to be better cared for by their mothers, who most often received custody and the fathers “visitation” on divorce. That was a different time when the traditional family had a father working and a mother being a home-maker. This gave way to a gender-neutral legal position that meant, in theory, the recognition that either parent was presumptively able to have physical custody. The blog explores Father’s Rights now, ... Read More
28
Nov2017
28
Sep2017
Unlike in divorce cases, where children born during the marriage are presumed to be children of the Husband and Wife1, in paternity cases, paternity of the child has to be established by one of several means2. One way, in particular, DNA testing, creates a reliable basis for the alleged father to ensure paternity of the child in question.
In many paternity actions, the parents were together at the time when the child was conceived, and the father may have signed the paternity affidavit at the hospital. But, ... Read More
19
Apr2017
As with all cases brought against an individual or family (civil or criminal), the State has the burden of proof. With respect to neglected children (“CHINS”) or children who commit acts that would be crimes (“Juvenile Delinquents”) if an adult, the Indiana Department of Child Services (“DCS”) acts for the State. In a recent case, a divided Indiana Court of Appeals reversed a Child in Need of Services (“CHINS”) determination against a father. This case has three key holdings or points for ... Read More
04
Nov2015
For many father’s who seek joint or primary custody, there is the belief that they are predisposed to an outcome. However, Indiana’s divorce statute is gender neutral and father’s are prevailing on custody claims in Indiana courts who focus on the children’s best interests. To make your best case, here at four tips.
Perception is reality. Many, if not most, father’s today have work schedules that are more conducive to sharing custody, working from home, flexible hours, and the like. However, if you go into your case with the ... Read More
01
Oct2015
In each state, in Indiana and across the nation, there has been an acute focus over the last several years on Father’s rights to custody of their children. Law is slow to change and remnants of the “tender years presumption” continued pushing father’s rights groups harder. The tender years presumption is a older legal policy that children of a young or tender year should be in the care and custody of their mother in a divorce.
There are five key aspects of father’s rights, namely a father obtaining ... Read More
07
Nov2013
When a child is born to a married couple, it may seem ridiculous to ask the question, who is the daddy? But, sometimes, this may not be a ridiculous question after all. Most all divorce petitions and decrees include the names and ages of the children born of the marriage (if under 21), but also include the statement “Wife is not now pregnant.”1 Some may wonder ... Read More
31
Jul2012
Modifying Child Support with a Large Arrearage and Reinstatement of License to Drive Based On Law and Public Policy
Through divorce or custody proceedings, a child support worksheet, which uses a complex formula, is produced in order to determine an appropriate child support amount to be paid. The child support worksheet uses gross weekly income and takes into account many factors to make sure child support is equitable, and includes other children the parties have a legal duty support, and childcare costs.
Once the parties have presented their worksheets ... Read More
26
Jun2012
Beware of “True Up” Provisions and Changing Child Support Formulas
When calculating child support, complex mathematical formulas are utilized which take in account prior and subsequently born children, health care costs, and the number of overnights exercised by the parent paying child support, to name a few. These are constant considerations in virtually all child support calculations.
Because the child support calculation formula is used to determine child support for numerous types of parents across many types of economic circumstances, it remains fairly general. Stated differently, the income, status, ... Read More
05
Jan2012
In Part I of this blog post, we sorted out some of the dimensions of legal custody. In Part II, the topic shifts to the corollary, physical custody. In the not-to-distant past, at a time where father’s rights to time with the child had not grown to the level of recognition (although under the gender neutral, best interests standard) they are today, the custodial parent (more often mothers) had primary physical custody and ... Read More
29
Sep2011
Ciyou & Dixon, P.C. advocates are frequently presented questions about how to establish paternity and why that is different than just raising a child. This is indeed a vast difference. Many people hold themselves out to be parents and raise children born outside of wedlock without too much difficulty, although school registration and health care are problematic.
In the rest of the cases, paternity must be legally established. At common law, which forms the basis for Indiana’s legal ... Read More
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