A Chance Encounter with a Divorced Parent Putting the Child First! An observation of family law attorneys and the trial court judges--who have to make difficult to impossible decisions between litigants over children and too are caught in the proverbial middle–is the extraordinary conflict that arises over holiday parenting time, particularly Christmas. Most all parents of Christian faith have special events and traditions at Christmas that they want (or demand) be followed during the ...
Considering a Petition for Rehearing: The Next Step When the Trial Court is Affirmed by the Court of Appeals
September 18, 2012 / Appellate Practice
During an appeal, the process begins by the appealing party (appellant) filing his or her notice of appeal. This form includes information about the lower court proceeding including the appellant’s information, the date and title of the Order, and the days of the hearing so a transcript can be prepared. The clock is then tolling with each side having the opportunity to submit their written arguments/briefs/responses and replies. When all of the information has finally been presented to the Court of Appeals, the Court ...
Change is a Constant The Indiana Parenting Time Guidelines (“IPTGs” or “Guidelines”) offer a baseline for parents in this midst of a divorce or paternity action a guide for parenting time (previously called visitation). The IPTGs continue application after the initial action and custody order. Parenting time issues, disputes, and misunderstanding are common problems Ciyou & Dixon, P.C. advocates encounter. With revised IPTGs on the table, we provide this blog to help readers to perhaps anticipate the future and ...
A Rare Glimpse into the Life-Cycle of a Law through the Three-Branches of Government Many readers of Ciyou & Dixon, P.C.’s blog posts appreciate our commitment to the educational aspects of law. We fundamentally believe to live a better, fuller and more meaningful life under the law, and the make the most of the freedoms ensured by our legal system, we need to be life-long students. Hopefully, most readers recognize that our current legal system and body of law is rooted in the English legal system. Even so, because laws usually change very ...
February 28, 2012 / Divorce
One key aspect of human nature is to see our problem(s) as more important than everyone else’s problems. In addition, the need for a timely resolution of any given stressor is important to living a fulfilled life. As domestic advocates at Ciyou & Dixon, P.C., we observe these two factors collide and often create great duress for clients when child/ parenting time disputes arise. The protective nature of a parent (with perhaps some unresolved emotion from the divorce itself) necessitates a dispute be settled ...
What You Need to Know About the Social Security Disability Exception An area of domestic law Ciyou & Dixon, P.C. attorneys observe clients sometimes very upset relates to Social Security Disability payments. For a long time, the Child Support Rules and Guidelines and controlling case law was vague and undeveloped as to whether such lump-sum awards could be applied to child support at all. In ...
January 26, 2012 / Appellate Practice
Anyone who has watched a courtroom drama, live or a replayed actual trial, or been involved in a civil or criminal matter, probably has some general sense that trial court judges make many rulings or orders. A simple directive (local rule) for a litigant to attend a parenting class during a divorce is an order of a court. Rulings made during trial on admission or exclusion of evidence are also orders. For the most ...
As domestic advocates, we observe a common source of confusion--and antagonism--between parents as to when they should give (or are required to) the other parent the opportunity for additional parenting time. The controlling Indiana Parenting Time Guideline (“IPTG”), states “[w]hen it becomes necessary that a child be cared for by a person other than a parent or a family member, the parent needing the child care shall first offer the other parent the opportunity for additional parenting time.”i This provision is commonly referred to as the “First Right of Refusal.” However, the IPTGs do ...
New Appeal in Appeals: Foundational Changes in How Appeals Are Perfected and a New Composition in Justice on the Indiana Supreme Court
January 10, 2012 / Appellate Practice
At Ciyou & Dixon, P.C., one of many aspects about Indiana law we can relay with pride to our clients, along with members of the public, bench and bar in other states, is Indiana has one of the most efficient intermediate courts, the Indiana Court of Appeals, in the ...
November 15, 2011 / Appellate Practice
At some level, law is unique because it is a model based largely on conflict and dispute and the concept of fault. Most every person or business entity takes issue with being at fault. In the ideal world (which few of us ever experience because life is a messy, non-linear process), the legal system’s foundational laws prevent conflict by an ever-developing body of law responsive to society. Where this is not the case, litigation in a trial court ...