Many out there would agree that Grandparents impact our lives in a big way. Whether it be in a role of second parent, friend, mentor, babysitter, financial supporter, et cetera. Simply put, Grandparents serve an important role in many children’s lives. This is the reason that most jurisdictions across the Country have given Grandparent’s some sort of right to visitation with a child, including Indiana. But, this right to visitation is not absolute, and instead, is limited in its application. You have to understand your rights and work with counsel if you want the legal right to contact with your ...
April 4, 2019CD
The digital age is an exciting time. New developments in technology are routinely made, bringing about changes that have the potential to affect our daily lives. But with these new advances comes changes to the legal landscape. These new changes have the potential to dramatically change your life, and as such, require your attention. One of the most drastic changes in the legal world has been the use of cell phones as a source of evidence. This hot button topic was the source of a recent Indiana Court of Appeals decision, in which the Court reversed a woman’s criminal conviction1. ...
March 27, 2019CD
Anyone who has found themselves in the unenviable position of being in a traffic stop knows the stress and panic it can cause. Whether it be a DUI check-point, a rear headlight being out, or failure to use a turn signal, no one likes being pulled over. You may ask yourself, “can a police officer pull you over at any time?” or “what are the limits on being pulled over?” While there are no hard and fast rules governing traffic stops, the United States Supreme Court has set out limits. The Supreme Court has stated that a police officer can ...
March 20, 2019CD
Unfortunately, when a couple divorces, all members of the family must adjust to a new dynamic. Despite provisions for parenting time and visitation rights in various statutes, a divorce may disrupt the relationship between children and parents and limit the time they get to spend together. However, with the incidence of divorce being high, and with step-parents playing an ever-increasing role in children’s lives, a step-parent may wonder what rights they may have after they separate from a biological parent of a child. This blog explores some recent Indiana cases on this subject. An important concept: the difference between custody, parenting ...
March 14, 2019CD
As stated in Ciyou & Dixon, P.C.’s blog post of February 25, 20191 (read it here) the idea of cohabitation between partners has become common in the United States. Couples may cohabit for a variety of reasons – younger individuals are choosing to cohabit before marriage at an increasing rate; partners with children may choose not to marry for a variety of reasons; some who have been “burned” by a past marriage may vow never to get married again but have found a new partner with whom they enjoy sharing their life; some may want to avoid the expense and ...
March 13, 2019CD
Many people in Indiana have a general idea of what it means to appeal a decision. The popularity of legal TV shows, true crime shows streamed to our laptops and tablets, and news stories about the reversal of criminal convictions based on DNA evidence or a new United States Supreme Court case all touch on the idea of an “appeal.” But what does an “appeal” really mean, and what can you do to set yourself up for success if you find yourself having to appeal a decision from a trial court?1 These questions are addressed in this blog post. An appeal ...
March 8, 2019CD
Most individuals are aware of the social media app Snapchat. For those unfamiliar, Snapchat is an app that allows its users to send and post pictures or videos for a specified amount of time. After that specified time expires, the video or picture is “deleted.” Unfortunately, once something is uploaded to the internet, it is never truly “deleted.” As such, individuals all over are seeing the consequences of posting incriminating pictures and videos to social media apps. But, can any picture or video you have ever posted be used against you? Are there limits to when your social media posts ...
February 27, 2019CD
The Second Amendment’s right to keep and bear arms is one of the oldest and core liberties contained in our Constitution. This same right is found in the Indiana Constitution.1 Yet, that right may be the most polarizing issue debated in today’s society. In the reflection of this, so to speak “hot topic” issue, the Legislature and Congress have enacted ever-changing laws. It is important to stay current with these changes to ensure you are following the law and avoid negative consequences. For example, what happens if someone steals your gun and commits a crime? Are you liable? This blog ...
February 21, 2019CD
Grandparents are an important part of many of their grandkids’ lives. Grandparents tend to help watch us growing up and provide many of us with invaluable life lessons they taught their own children. In many respects in today’s busy world, grandparents often times almost act as second parents. The Indiana Legislature, for this very reason, passed statutes providing grandparents with the legal right to go to court to seek visitation1. However, the situations are limited in which grandparents are entitled to seek visitation, but, due to their impactful nature on a child, grandparents are given certain legal remedies in court; ...
February 18, 2019CD
In Indiana, unlike some other states, there are two higher courts, the Indiana Court of Appeals and the Supreme Court. Generally, litigants have an appeal as a matter of right from any losing (in whole or part) final order issued from an Indiana trial court. Appeals are made in written format and have very precise rules and requirements because of the vast amount of time and resources an appeal takes. Whether considering an appeal or retaining counsel, this blog sets forth mistakes that can dilute your appellate brief, cause dismissal, or even sanctions. The key takeaway is appeals need the ...
July 5, 2018CD