By statute, the Indiana Department of Child Services (“DCS”) has to investigate every claim of abuse or neglect by a parent reported to the hotline number. Unfortunately, DCS is understaffed and its primary investigators are not trained sufficiently to handle the onslaught of parental neglect reports including those who make false reports to gain some tactical advantage (such as in a divorce case). Thus, it is not uncommon for a parent to be falsely accused of neglect/abuse of their child and be caught up in the DCS system. This blog explores your rights and what you might want to do ... Read More
Tag: Indiana
26
Sep2019
24
Jul2019
As feds crackdown on 'straw sales,' other illegal gun sales remain harder to track. Ciyou & Dixon, P.C. - Firearms Attorney, Bryan L. Ciyou speaks with Channel 13 Eyewitness News about straw purchases of firearms.
22
May2019
Unfortunately, domestic battery is a very real problem in today’s society. Many individuals find themselves in abusive relationships, whether that be a boyfriend or girlfriend all the way to husband or wife. These types of cases can be very complicated, as well as extremely emotional. If you find yourself in a violent or abusive relationship, reach out for help, as there are many services provided free of charge that will help. These types of relationships can leave lasting effects, as is exhibited by a recent Court of Appeals decision of Thevenot v. State,1 which is the focus of this blog ... Read More
09
Apr2019
Divorce matters are often stressful and trying times for a family that is undergoing radical changes. Increasingly common, whether due to the mobility of individuals, an increase in remote employment, or otherwise, are divorces that involve some aspect that creates a multi-jurisdictional or even international element. Common examples include couples who are divorcing who have different citizenship, a couple where one spouse has a job placement overseas for a period of time, or a couple who may own property in multiple countries. Each of these situations creates an added layer of complexity in resolving the divorce, whether the multi-jurisdictional element ... Read More
26
Mar2019
Going through a divorce or raising a child who was born outside of a marriage comes with unique challenges for custodial and non-custodial parents alike. Despite these challenges, such parents are not immune to other changes and challenges that life may throw their way. After a divorce or after having a child outside of marriage, a parent may obtain a new career opportunity, engage in a new relationship, desire to move closer to their hometown or their family, or have to move closer to provide care to an ailing family member. Whatever the reason, moving when you are in a ... Read More
22
Mar2019
A topic of hushed discussions or private contemplation between some soon-to-divorce is pre-planning for divorce. This covers everything from illicit/illegal activities (such as dissipating marital assets or hiding them) to meeting with a lawyer to specifically discuss your situation to pre-plan within the limits of the Divorce Act to some of the basics you can do yourself in most cases. This blog covers the three things every person considering divorce should do well before the divorce filing occurs.
First, most couples have some apportionment of daily household chores, such as who pays the bills and who mows the grass and shovels ... Read More
20
Mar2019
Anyone who has found themselves in the unenviable position of being in a traffic stop knows the stress and panic it can cause. Whether it be a DUI check-point, a rear headlight being out, or failure to use a turn signal, no one likes being pulled over. You may ask yourself, “can a police officer pull you over at any time?” or “what are the limits on being pulled over?” While there are no hard and fast rules governing traffic stops, the United States Supreme Court has set out limits. The Supreme Court has stated that a police officer can ... Read More
25
Feb2019
The idea of cohabitation between partners has become more commonplace in the United States in the past several years. In some respects, an increase in cohabitation among romantic partners grew due to laws prohibiting same-sex couples from marrying. After same-sex marriage was validated across the United States, many couples elected to take advantage of their ability to marry under the law. However, this change does not mean that cohabitation among partners is now no longer prevalent in Indiana and across the US. It is!
Couples may cohabit for a variety of reasons – younger individuals are choosing to cohabit before marriage ... Read More
06
Feb2019
Do I need an attorney if I am contacted by DCS about my children? Yes. Your right to parent your child is a fundamental right, guaranteed by the Due Process Clause of the Fourteenth Amendment. But, just like any other right in life, it is not absolute. For example, parents can discipline their children (known as the parental privilege) but do not have carte blanche to abuse or neglect their children. When a child is in a detrimental home environment or is found not having their basic needs met, then the State can become involved to protect the child. These questions ... Read More
24
Jan2019
One of the best ways to make the most of a divorce is to try to remove yourself from the emotion and clearly understand what you want, why, and if your legal desires are realistic. Divorce law is complex making this difficult. However, there are three pervasive myths about divorce law that have many litigants confused before they even consult with counsel. They are debunked and the focus of this blog.
The first myth is with property (e.g., stocks, bonds, cash, homes) that a party brought into the marriage. Indiana is a “one-pot theory” state for divorce. What this means is ... Read More