After review from the House of Representatives of the Indiana legislature, the proposed legislation, Senate Bill 27, was returned to the Senate with the House’s proposed changes, for approval before a final vote. Senate Bill 27 addresses some issues that may arise during adoption proceedings to streamline the judicial process, and protect the natural parent’s constitutional rights to raise his or her child. Under current Indiana law, if third parties file a Petition for Adoption of a Minor child, while a Petition to Establish Paternity in the natural Father is also pending, the matters must be consolidated and heard by the ...
April 10, 2014CD
While it may seem that America, and even Indiana are getting more and more litigious and new lawsuits are never ending, the cases that actually go to jury trial are far fewer than actual cases filed. This is because many cases settle outside of court, using either alternative dispute resolution or are dismissed. A recent profile by the Indiana State Judiciary examined the judiciary system in Indiana for 20121. In Indiana, during 2012, 1.6 million new cases were filed2. However, only 1,338 jury trials were held in Indiana in 2012, a decline from past years.3 These cases include criminal and civil ...
December 24, 2013CD
Recent blogs have addressed the child support calculations, the formula and guidelines for same, and what numbers are used to come to a child support calculation1. A recent case handed down by the Indiana Supreme Court has addressed the issue of which year’s formula to use when interpreting an agreement. This case in the Court of Appeals was discussed in a prior blog as well2. As the economy and times change, so do the formulas and calculations for child support, as the goal/purpose of child support is to provide for the child(ren) as if the parents had remained married. As such, ...
October 29, 2013CD
During divorce, or paternity, the issue of child custody comes up. Which parent (or in some cases a third party known as a de facto custodian, which is discussed in other blog posts), should have custody of the child. But what does “custody” actually mean? Many people may not realize that there are actually two (2) types of custody, physical custody and legal custody. Physical custody involves where the child sleeps the majority of the time (which parent the child is living with primarily and physically with). Legal custody is generally defined as decision-making regarding the main issues of education, medical ...
June 4, 2013CD
In domestic cases, child support is often a key component to the matter, and who will pay and how much are complex questions that may be litigated. When a child support duty is ordered by a Court, the noncustodial parent who is to pay child support owes that support to the child(ren)1. However, what happens in cases where the noncustodial parent does not pay child support and the child has become emancipated (currently, at age 19)? Previous blogs have discussed potential means by which to enforce a child support order including contempt petitions, revocation of non-payer’s driver’s license, and even jail ...
March 12, 2013CD
Without question, technology is progressing each day and infiltrating uncharted territory in almost every field and area of life. The reach of technology is expanding within the traditional field of law, allowing attorneys and Courts to communicate more quickly and efficiently. For example, many Courts allow filings to be faxed to the Court, without requiring a hard copy. This can save not only time, as the filing is immediate, but may save on postage and other expenses of mail. Also, through a program called My Case or Odyssey, many Court dockets are available in real time online1. However, ...
January 31, 2013CD
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 Christmas holiday. Unfortunately, many of the Christmas events overlap and the timing simply cannot be worked out. So for the month of December, attorneys and Indiana’s dedicated trial ...
December 27, 2012CD
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 is then able to review all of this information, make a ruling, and issue an opinion. The opinion ...
September 18, 2012CD
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 eliminate misunderstandings and some disputes. Because the IPTGs impact parent-child time, they examine holidays, children’s basic needs, parenting conflicts, and more to get to ...
April 26, 2012CD
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 slowly, most of us have a difficult time seeing ...
March 27, 2012CD