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 ...
November 10, 2011 / Appellate Practice
At Ciyou & Dixon, P.C. we understand and observe the typical civil or criminal litigant has little understanding of the appellate process. Our firm position is the more informed a client is about a matter (recognizing not everything on-line is accurate or without a political slant), the better job he or she may do in aiding his or her client with an appeal. As a general note, appeals of cases are not common relative ...
September 8, 2011 / Appellate Practice
Ciyou & Dixon, P.C. has a significant practice area addressing civil and criminal appeals taken to the Indiana Court of Appeals and sought to be transferred to the Indiana Supreme Court. Typically, these cases come by referral from other attorneys or because a litigant wants to change counsel for a fresh appellate perspective. We find that in meeting with most appellate clients, there are a number of checklist items that a client may bring to keep costs down (i.e., to keep the lawyer from ...
Is it true a custodial parent can be ordered to pay the non-custodial parent child support? At Ciyou & Dixon, P.C. we field a wide array of child support questions. These range from advising clients about collecting large child support arrearages to what to do with erratic income as a parent-payor. Most of these issues are ones the general legal consumer will never encounter, and which are frankly, not that interesting and downright boring. There are exceptions. One is “negative” child support. This is where the custodial parent (the parent who ...
A custody, parenting time and relocation evaluation may be requested and ordered by a domestic court where any of these contested matters are at hand: child physical custody (its initial determination or modification); legal custody, parenting time, and/or relocation. Such evaluations are a vital tool (of many) to consider in any given custody issue. At Ciyou & Dixon, P.C. we often find the place to start with a client we represent in such matters is with a fundamental ...
May 24, 2011 / Appellate Practice
If you are considering an Indiana criminal or civil appeal, there are 10 things your appellate lawyer needs to know or be provided by you to evaluate, perfect and promulgate the appeal: The date of the final order to be appealed (or interlocutory order), including the date it was signed, file stamped and entered onto the Chronological Case Summary. A copy of the Order and Chronological Case Summary (general judgment or special findings). Sentencing order or abstract of judgment in criminal cases. Motion(s) or pleading(s) underlying the matter on appeal. A time line of the ...
It does not apply. Other firearms, typically long guns, such as rifles and shotguns, are regulated by other civil and criminal laws and local ordinances. This is a common misunderstanding that may continue after Indiana Senate Bill 506 becomes law. This is because handguns, generally speaking, are not as lethal as long guns. Some ...
May 3, 2011 / Supreme Court
As counselors and advocates in the law, we often find clients fundamentally misunderstand the ability to take an individual case to the highest court in the State, the Indiana Supreme Court, or to the United States Supreme Court. For the most part, these Courts do not focus on correction of errors made by lower courts. However, all rules have exceptions, and because of the loss of life (death penalty) or freedom (incarceration), these courts do consider the factual and legal merits of these cases in the right circumstances. In Indiana, ...