Unlike in divorce cases, where children born during the marriage are presumed to be children of the Husband and Wife1, in paternity cases, paternity of the child has to be established by one of several means2. One way, in particular, DNA testing, creates a reliable basis for the alleged father to ensure paternity of the child in question.
In many paternity actions, the parents were together at the time when the child was conceived, and the father may have signed the paternity affidavit at the hospital. But, ... Read More
28
Sep2017
27
Sep2017
One of the most important and fundamental aspects of the attorney-client relationship is confidentiality. Generally, communications between clients and their attorneys are confidential in nature and attorneys are prevented by law from revealing any of this information to a third party. Attorneys are acutely aware of this relationship and take great care to protect client information, both within their own offices and in cyberspace. The purpose of this confidential relationship is to allow for clients to give their attorneys honest and accurate information to ensure they are ... Read More
17
Aug2017
Each year, thousands of protective orders are issued in cases involving certain domestic relationships. Some are tactical weapons to advance illicit objectives; most have merit. Protective orders may have profound implications for work and core civil liberties, such as the right to keep and bear arms. A proven violation can result in a fine, contempt of court charge, and criminal charge.
While most of this is somewhat common knowledge now that the Indiana Civil Order Protection Act has been in force for a ... Read More
06
Jun2017
To address a parent’s failure to pay child support for a child born within a marriage or out of wedlock, certain levels of non-support have thresholds that have been addressed by statutes. For example, at the state-level, there are statutes that make non-support a felony to prohibiting a licensed professional from renewal.
Under federal law, a significant child support arrearage may cause non-renewal or issuance of United States Passport. Today, the Indiana Court of Appeals decided an important case that shows the ways to potentially retroactively modify child support ordered ... Read More
18
May2017
Several years ago, the Indiana General Assembly passed a comprehensive civil protective order act. This legislation was aimed at addressing the problem of domestic violence within certain family units. Now, a version of this uniform act is adopted in virtually every state.
There is a national depository where domestic protective orders are immediately placed online and available to law enforcement agencies throughout the United States. However, there is growing concern that these are abused by certain litigants in domestic cases, particularly contested divorce and paternity matters.
This ... Read More
26
Apr2017
Family law, like every other profession, has its own language; a language that can be misunderstood, or may stand for many things depending on the context in which it is used. This blog covers the five key definitions that are used correctly, incorrectly, or a combination of both, in child custody proceedings. The better you understand these terms, the more informed litigant you will be.
The first term is an umbrella term generally referred to as “child custody.” Child custody refers ... Read More
17
Apr2017
Over the course of your lifetime, you may be tempted to or drive with alcohol in your system. What many people don’t know, or don’t fully understand, is that you do not have to be over the legal limit to be arrested and charged with Operating a Vehicle While Intoxicated (“OWI”). Generally speaking, it is enough that you have alcohol in your system that impairs you.
Due to the commonality of OWI charges and convictions, it is important to know and understand what will happen ... Read More
13
Apr2017
Let’s face it. There are some parents that just cannot agree on certain issues related to their child, such as extracurricular activities or (legal) discipline of the child. As a result, Indiana has started utilizing a newer method to address co-parenting in these situations. This blog post focuses on parallel parenting, a concept targeted toward parents experiencing consistent conflict due to their inability to agree to virtually anything, sometimes reflective of different life views that led to divorce and, others, the on-going “wounds” from the breakup of the marriage.
Parallel ... Read More
06
Apr2017
Suppression of evidence in a criminal case has always been a controversial topic and legal remedy. An example would be suppression of a firearm found on a felon after he or she is stopped and searched. It is illegal and a criminal act for a felon to possess a firearm under state and federal law, and standing alone, is criminal and should result in a conviction.
The reason evidence is suppressed, such as this hypothetical firearm on a felon, is to ... Read More
07
Mar2017
A controversial topic nationally is the prohibition on individuals convicted of battery with a domestic component. For defendants, it is unique because it is the only misdemeanor crime where an individual is disqualified under federal law from possessing firearms. This disqualifier also prohibits any person in Indiana from being issued a License to Carry a Firearm.
Generally, the notion behind these bars is domestic violence is more serious than other crimes because it tears at the social fabric of ... Read More