Everyone has heard of a “nightmare” child custody battle. Most other civil cases boil down to money. In some high conflict custody cases, the battle is about custody, joint custody, or additional parenting time beyond what is set forth in the Indiana Parenting Time Guidelines. This blog covers what courts consider in deciding physical custody and your options if you receive an unfavorable final order.
As a threshold matter, a litigant must understand how the Divorce Act directs judges to analyze and decide child custody in the children’s best interest. Specifically, the judge hearing the evidence is to determine what is ... Read More
Tag: Indiana Parenting Time Guidelines
04
Dec2020
03
Dec2020
When a child is born out of wedlock or a divorce with children is filed, there is often dispute about who should have physical custody. Physical custody is the parent whom the court orders to have the most time with child. The other parent gets parenting time under the Indiana Parenting Time Guidelines (herein, “IPTGs”). At the initial determination, there is no preference for either parent. This blog sets forth five mistakes parents routinely make in child custody litigation and in subsequent modification litigation.
Maternal presumption: For a significant amount of time, the maternal presumption or tender years presumption was the ... Read More
13
Nov2020
Everyone has heard of a “nightmare” child custody battle. Most other civil cases boil down to money. In some high conflict custody cases, the battle is about custody, joint custody, or additional parenting time beyond what is set forth in the Indiana Parenting Time Guidelines. This blog covers what courts consider in deciding physical custody and your options if you receive an unfavorable final order.
As a threshold matter, a litigant must understand how the Divorce Act directs judges to analyze and decide child custody in the children’s best interest. Specifically, the judge hearing the evidence is to determine what is ... Read More
07
Jul2020
Child custody litigation is a gut-wrenching experience for all parents. Both want the same amount of time they had before the divorce or post-divorce they may be seeking a modification to gain additional time, but there is only a finite amount of time for custody and parenting time. That said when a parent loses a custody battle their first thought often is to appeal. Sometimes this is possible and sometimes it is not. Further, there are a number of different reasons to appeal. When and why you should appeal a loss in custody litigation is the focus of this blog ... Read More
22
Oct2019
Take action now! The holidays are just around the corner. A plan for holiday parenting time needs to be determined before it’s too late. Especially if travel plans are involved now is the time to work out a schedule that will avoid additional stress during the holidays. Even if the parties follow the Indiana Parenting Time Guidelines for holidays, avoid any last-minute glitches by planning ahead for the division of holiday time. Of course, with any holiday parenting time plan, the parties should ultimately consider the best interests of the children so that they are able to see family from ... Read More
12
Sep2019
With Americans increasingly living and working abroad as we expand to a global workforce, Indiana divorces with international aspects are not uncommon.1 This blog briefly highlights some of the issues you need to know if you are in this situation.
Jurisdiction. As long as one of the parties have lived in the state and county for six (6) months, the Court has jurisdiction to entertain a divorce case and it can make a custody award, divide the property, and divorce the parties. So at a basic level, Indiana courts can provide complete relief for the spouse (and children, if there are ... Read More
09
Jul2019
Divorce is shrouded in fear and urban legend. However, for most couples in a broken relationship, it is the pathway to move on in a new and more positive direction when the divorce is ultimately granted by the Court. While divorce is a complex legal and financial transaction—and also an emotional one—sometimes involving professionals from psychologists to tax experts, it all boils down to three basic concepts you must understand to properly begin a divorce or help a friend through the process: jurisdiction, property division, and child custody. The fundamentals of each of these components of a divorce are the ... Read More
06
Jun2019
In today’s world, fathers are more active in their children’s lives than ever. In households where both parents work, some fathers are their children’s primary caregivers. However, in the unfortunate situation where a divorce occurs, many fathers feel “doomed” and have the belief that mothers always get “custody”. This blog explores what “custody” means and provides key tips for fathers who seek custody in a divorce.
The point to start with is an understanding of both “physical” and “legal” custody under Indiana law. Physical custody is given to the parent who is identified as the primary care-giver and when this is ... Read More
23
May2019
The family dynamic is something that is always changing, and there is certainly no “standard” or “normal” family. After a divorce or a final determination in a paternity case, often one parent of a child has what is called primary physical custody, and the other parent (the “non-custodial parent”) has what is called parenting time. The terms of the non-custodial parent’s parenting time may take many different shapes, but in general, if the parents cannot agree, courts often look to the Indiana Parenting Time Guidelines to make a determination on parenting time. The Indiana Parenting Time Guidelines prescribe several different ... Read More
15
Feb2019
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 ... Read More
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