In the 1960s and 1970s, a parent and the kids would sometimes go on “vacation” and while away, the spouse with the children would file for divorce in another state to gain custody. This because so problematic (as is the case with child support enforcement) a uniform child custody (litigation) act was passed into1 law in all states. This law, which all other states recognize with some exceptions, dictates the child’s “home state” is where divorce and custody proceedings subsequent custody must occur. A child’s home state is where ... Read More
25
Jul2018
22
May2018
While children are resilient and “bounce back”, modifying physical custody from one parent to another parent is a major life factor that may impact the child’s fundamental sense of safety, security, and stability. For this reason, there are two common factual situations where custody modification does not make a strong legal case.
The first is where the non-custodial parent’s life has improved, but this has had little impact on how the kids are doing in the custodial parent’s care. Remember, ... Read More
30
Apr2018
What Parents (And Those Around Children) Need to Know About Removal as Punishment and Its Connection to Divorce, DCS Investigations, And Criminal Charges
Parents who have children heavily involved with the use of electronics have all probably observed a “meltdown” when devices are taken as a form of punishment.
However, with a certain segment of children—even very young children—mainstream psychology publications began widely reporting in 2017 various psychological issues with detachment and depression with removing electronic devices from the child. Pre- and teenagers had some changes ... Read More
26
Mar2018
Every litigant in Indiana administrative proceedings or trial courts has the ultimate right to appeal to the Indiana Court of Appeals. Trial courts make many orders, but typically it is the last one deciding the issues that is the final order that is subject to appeal. Usually. However, life and law are complex and sometimes an appealed order is not final as to all of the issues or not a final order at all. A recent case, ... Read More
22
Mar2018
In child custody proceedings, Indiana trial court judges award or modify custody by considering all1 of the evidence in order to determine a custody arrangement in the child’s best interests. There are several statutory considerations for the court to weigh, including the physical and mental health of the parents, as well as any other facts or circumstances that may factor into a child’s best interests as it relates to custody.2 For years, “soft” drug use, such as smoking marijuana, has been considered in awarding ... Read More
05
Mar2018
Have You Been Contacted by CPS or the Police for "Alleged" Child Abuse or Molestation? Consider These Three Key Points You Need To “Know” And What “To Do” (Or Not Do).
There is a somewhat shared knowledge in our society that some children in ordinary—to—high-risk families are physically or sexually abused. Statistics are hard to come by but generally indicate, on average, that one in four children is subject to physical or sexual abuse, not factoring in the significant problem of human ... Read More
01
Mar2018
In divorce or paternity cases, custody evaluations are common. They are provided for in the paternity and divorce statutes, as well as local court rules and discovery rules. A trial court judge has the inherent discretion and power to order a custody evaluation. In simple terms, a custody evaluation is nothing more than a trained professional interviewing the adults and children and reviewing materials they provide to make a written report to the trial court of what is in the children’s best ... Read More
28
Feb2018
Probation is often a tool used by trial courts and is normally within their discretion to order in most cases. It is obviously a desirous outcome for judges, the community, and defendant. Most of the time it keeps the defendant out of jail, at home and work, and the taxpayers from paying for criminal incarceration. However, violations of the terms of probation, such as drug use determined by a positive drug screen, may result in a violation of probation (VOP) being filed by ... Read More
15
Jan2018
Most Hoosiers know were a gun-friendly state. In fact, Indiana ranks among the highest for gun rights. For example, there are hundreds of thousands of residents who have a License to Carry a Handgun. With “carrying” there is significant misunderstanding of the Castle Doctrine and the right to Stand Your Ground with the right to draw your firearm. These limits are the topic of coverage in this blog.
In Indiana, a person can stand his or her ground and not retreat if it is reasonable. This ... Read More
09
Jan2018
Several years ago, the Legislature passed an expungement statutory scheme to “expungement” or remove old felonies and other arrest and misdemeanor convictions occurring in Indiana from a person’s criminal history. Expunged crimes were basically removed from a person’s criminal history, with the exception of certain uses by law enforcement or in the case of subsequent crimes.
These expungement statutes recognized people change over a long period of time. However, many remained “haunted” and limited in their daily life by an old criminal history. This is ... Read More