Six Reasons The Indiana Supreme Court Might Take Your Case We have all had a moment in time in our personal life or heard on television, someone state they are taking their case to the Supreme Court. That may or may not be a remedy available to them. Under Indiana law and the Indiana Supreme Court’s Rule of Appellate Procedure, there are six specific considerations the Indiana Supreme Court gives to every case. The general consideration is where to appeal it are direct and a matter or right. This means the case does not go to the Indiana Court of Appeals first ...
March 24, 2015Adam Hayes
In the 1960s, it was common for a parent and child(ren) to take a “vacation” to another state, file divorce, and have this new state decide custody matters. Ultimately, this gained enough attention that the laws changed, as this new state would not have the necessary evidence to decide custody fully in a child’s best interests, and as a policy matter, “rewarded” a parent who fled to avoid a court best positioned to decide divorce, custody, and property matters. For this reason, more or less uniform child custody jurisdiction laws1 were passed in the states, including Indiana.2 This is helpful when ...
March 3, 2015CD
In today’s world, a marriage is sometimes a matter of finance as much as love and romance. For this reason, a pre-nuptial agreement is somewhat common. In particular, a party coming into a marriage with significantly more assets may want to protect them in the event of a future a divorce. If this is your situation, there are five key legal aspects of prenuptials you must know. First, a prenuptial is a form of contract, which is protect by the right to contract under the Contract Clause of the Indiana Constitution. This means that they are favored in terms of being ...
February 26, 2015CD
In the past 40 years, the number us U.S. Children living in a grandparents home and being cared for by grandparents had more than doubled.1 This does number does not include the significant numbers of children being reared by friends and other family. With infants and toddlers, the caretaker may become the child’s primary attachment. However, parents, even ones who effectively abandon his/her child and come back later, have a fundamental right under the United States Constitution to raise their children and seek their return. Under present Indiana law, a grandparent or third party may obtain custody by taking three steps ...
February 17, 2015CD
Under the law in the United States, including Indiana, the American Rule is followed regarding legal fees. The American Rule directs, absent agreement or statute or other authority, each side pays his or her own legal fees.1 Nevertheless, within divorce and paternity matters, there are a number of provisions that allow a trial court to award attorneys fees where there is a financial imbalance between the parties, particularly where children are involved. This is likely due to the inherent policy that such litigation is necessary for the court to do its job and determine a child’s best interests. With all appeals, a ...
February 12, 2015CD
The term “Legal Custody” is frequently misunderstood; it means which parent (or both) will make the major life decisions for the children, such as on matters of health, education, welfare, and religion.1 Divorcing parents one of whom has strong Catholic beliefs and the other a devout Christian are sometimes apt to put the children in a tug-of-war as to their beliefs. For such reasons, trial courts have the ability and duty to look out for the best interests of the children and may award legal custody in several ways. Where parents get along on these types of legal issues, the trial ...
February 3, 2015CD
In Indiana, there are levels of crimes from misdemeanors to felonies. Indiana recently updated its criminal code to include numbered levels for crimes versus the previous letters (ex. A felony). Misdemeanors, felonies and the different levels are divided by the severity of the crimes. For example, dealing in cocaine or narcotic drug can be charged as a Level 5 felony through a Level 2 felony, depending on the amount and circumstances1. A Level 6 felony carries a lesser sentence than a Level 1 felony. But, if you are charged with a felony, can it ever be reduced? Oftentimes, having a felony record ...
January 20, 2015CD
In a domestic law matter, often, child support is one of the main issues that parties disagree about. Who will pay? How much credit will be given? In Indiana, child support is based on a formula, and once the required numbers and information are placed into the worksheet, the total for child support is calculated and determined1. The Child Support Rules and Guidelines provide for a division of many of the expenses. For example, the health insurance premium for the minor children only is a factor in determining child support. Whichever party is paying the health insurance premium (or if the ...
January 8, 2015CD
In some parts of the Country, such as Arizona, window tint is essential to keeping a car at a reasonable temperature to cool in the summer. However, any tinting that is not done at the factory may make you subject to a traffic stop, ticket, and be a basis for other criminal charges. The legal reason is a darkly tinted side and back window impairs law enforcement officers from making safety decisions about vehicles and the occupants they encounter in daily activities. For this reason, and first, the General Assembly passed a law (it does not apply to manufacturer’s tinting) makes ...
January 2, 2015CD
Until July 1, 2014, paternity actions in Indiana were considered confidential. While divorce cases and other litigation was public record, to which anyone had access, paternity records were sealed, and even attorneys, without an appearance, were unable to review same. Under new Indiana law, however, this confidentiality is no more1. Like divorce cases, paternity cases are now public record, and can be accessed. This update to the law puts the relatively similar paternity and divorce cases on an equal field regarding access. Now, an attorney or staff can call the Court to get updates, or check an online docket. Before, without ...
December 30, 2014CD