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 ...
Tag: indiana parenting time
July 7, 2020CD
As stay-at-home orders continue for Indiana, many parents have been denied parenting time on the grounds of COVID-19. The Chief Justice of the Indiana Supreme Court, Loretta Rush, issued an order on March 31, 2020 that parenting time orders remain in force during COVID-19. This means that drop-offs and pick-ups should continue.1 Governor Holcomb’s stay-at-home orders have all made exceptions for court orders (which would include custody and parenting time orders) to be excluded from the stay-at-home orders. This blog explores what you can do if you are being denied parenting time and other parenting time considerations during the COVID-19 ...
May 1, 2020CD
Earlier today, Indiana Governor Eric Holcomb issued several Executive Orders. Executive Order 20-08 - “Directive for Hoosiers to Stay at Home” – officially ordered Indiana residents to shelter in place and remain at home if at all possible, except for several provisions that exclude certain activities. Frankly, with our schools closing their physical locations, nearly all recreational businesses shuttered, and many parents working remotely, society has been placed in an unfamiliar and extremely unique situation. This blog explores potential issues that may arise during this unprecedented period. Normalcy: The key focus that every parent should keep in mind when addressing parenting time ...
March 24, 2020CD
Whether it be from personal experience or a movie you saw on television, most of us have some understanding of the concept of custody. However, when people think of custody, most of the time they are only thinking of physical custody. But, physical custody is just one part of child custody as a whole. Who makes decisions about school? Religion? Medical? Do these decisions have to be agreed upon? What if we cannot agree or have differing views on the subjects. These are questions that many don’t think about until a custody proceeding begins, and it can be confusing to ...
March 10, 2020CD
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 ...
October 22, 2019CD
In most post-divorce cases, there comes a time when a non-custodial parent believes it is “time” to go back to court and move to modify custody. One major mistake parents make is equating the betterment of their life with a substantial change for their children to modify child physical custody. Custody modifications are not uncommon, and presupposing you are not making this mistake, what you need to establish to likely prevail in your modification case is based on three components that are explored in this blog post. Is this your case? The basis. While the advanced age of the children (i.e. ...
September 23, 2019CD
Divorce can be a complex emotional, financial and business transaction for most spouses. It is one they often do not know much about other than what they have heard from friends or observed on television. This usually has little to do with reality in an Indiana divorce. Over time, we have observed that in initial consults, prospective clients could have obtained more from the process and been on a better path to move forward if they had gathered or composed four types of documents. These are the foundational documents for any divorce and are the subject of this blog post. ...
August 13, 2019CD
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 ...
May 23, 2019CD
Everyone knows of a custody “battle” waged by a family member or friend--where both parents are entrenched in their positions, are convinced they are right (and maybe are), and fight tooth and nail to have the time with their children they believe is in their best interests. Or, is this your case? Most commonly, this struggle is waged through successive litigation involving contempt actions and modification petitions; trial courts retain custody jurisdiction to hear and decide these matters until the children are adults, meaning the litigation can go on for years. As an alternative—yes there are alternatives to court--this blog ...
August 30, 2018CD
Custody is initially determined by the courts in divorce or paternity by considering statutory factors, including the age of the child, his/her adjustment to their home, school, community, and the mental and physical health of all individuals involved.1 In this situation, there is no preference for either parent. Psychologically and socially, children need stability so custody is not as easy to modify. However, custody can be modified by a court upon a showing of substantial change in the initial custody factors, and that a modification would be in the child’s best interests.2 There are numerous reasons why parents seek to modify ...
December 26, 2017CD