Children are literally our future. When parties divorce or in paternity actions or subsequent custody modifications, most litigants (Mothers and Fathers) make three key mistakes multiple times. Sometimes this impacts their custody objective and causes negative outcomes when they are avoidable. This blog explores these three key mistakes and how to avoid them. The first is testifying in terms of “absolutes” or without qualification. Everyone has done something they are not proud of or that is illegal or both. In the acidic nature of divorce proceedings, most litigants get asked questions about these events even if they play little or ...
November 17, 2016Adam Hayes
Over the last several years, applications to obtain and carry a handgun have soared in Indiana. Because handguns are a class of firearms more readily concealable, the requirements to obtain a License are stricter than the right to purchase. This blog addresses five key points to address denial of a license to carry handgun in Indiana. The first is to over-disclose on the application and obtain any information about an old criminal act to properly disclose, as required, to avoid denial for making a false statement. Obtaining such documents in certified format may allow them to be provided with the application ...
November 8, 2016Adam Hayes
While very few cases of the tens of thousands of cases carefully decided by Indiana trial court judges are appealed to the Indiana Court of Appeals or Indiana Supreme Court each year, a litigant with an adverse civil judgment or criminal conviction should carefully weigh the options of appealing. This is because a judgment after the time for appeal (typically 30 days) stands and there are very few legal reasons to bring a challenge at a later date. In criminal cases, first, the failure to appeal to highest discretionary court (meaning the court does not have to accept the case) limits ...
November 3, 2016Adam Hayes
There is an old phrase, “Justice Delayed is Justice Denied.” This is generally viewed in the negative, such as when a defendant has been charged and incarcerated, addressed by the right to demand a speedy trial. Sometimes it takes a defendant or civil litigant a long time otherwise to obtain a trial. In most situations law is inherently slow because it addresses and unravels complex problems that often took a long time in the making. However, the Indiana Supreme Court is actively shortening the process for trial court filings and appeals by moving to electronic filing as of July 1, 2016 ...
July 28, 2016Adam Hayes
The concerns about domestic violence in many Western countries has led to detailed studies and new laws about this often unreported crime. Most states in the United States have specific statutes for criminal domestic battery where there are certain intimate relationships involved. In a recent blog post, the seriousness the United States has placed on this issues was discussed because of the SCOTUS case affirming that a misdemeanor conviction of domestic violence could cause a life time loss of the core civil right to keep and bear arms (the other core civil liberties are the right to hold elected office, sit ...
July 12, 2016Adam Hayes
While the implications of the nightclub shooting in Miami and law-making on firearms regulation are unknown, there are four new laws or court decisions every gun owner should know to avoid illegal actions and committing a crime. This blog post covers these changes. At the state level, and first, the General Assembly has modified Indiana’s law that has prohibited individuals and other legal entities from purchasing short barrel shotguns (SBS) by following the requirements of the federal law commonly known as the National Firearms Act. Until recently, Indiana had a law making sawed-off shotguns illegal and ATFE’s position is this prohibited ...
July 6, 2016Adam Hayes
Starting July 1, 2016, the Supreme Court, Court of Appeals and the courts of Hamilton County are switching to a mandatory e-filing system. There are several changes to the rules as they relate to filing a new case or filing within an open case. For example, the Supreme Court and Court of Appeals will no longer require colored covers for briefs. Attorneys may sign filings via electronic signature. Also, beginning on July 1, 2016, Appellate motions will be made available to the public online. However, Notice of Appeals are not yet eligible for e-filing. There are also special rules for ...
June 29, 2016Adam Hayes
In 2006, the General Assembly enacted a new statute addressing relocation of parents in the child custody provisions of the Divorce and Paternity Act. The relocation provisions required certain notice to be given to a non-relocating parent who may object. This was interpreted by the Indiana Supreme Court in 2008 in the Baxendale case.1 In general, Baxendale, directed a trial court may consider relocation as a part of the best interests factors and modify custody to the non-relocating parent. Since this statute and the Baxendale case decision, three key mistakes or concerns every parent in a relocation case should be aware ...
June 23, 2016Adam Hayes
Over the last two decades, social and psychological science research, and an ever-changing view of what constitutes a “family” and who and how work is done by parents, has shifted the view of custody. Not that long ago, women were de facto awarded custody on divorce and father’s obtained “visitation.” Now the importance of frequent contact with both parents has been validated, and the non-custodial parent is awarded “parenting time.” This reinforces the concept of shared parenting. This blog post explores some of the more common parenting orders of custody reached by agreement or after a trial. The first is joint time ...
May 24, 2016Adam Hayes
There are many legal considerations in taking an appeal from a trial court’s final order to the Indiana Court of Appeals. In this blog post, three of the most basic considerations for appeal are considered to illustrate the obvious—but not often thought of—components of an appeal. The first is the time to prepare an appeal. On appeal to the Indiana Court of Appeals, this Court considers the written word for word account of the witness testimony. In addition, it considers exhibits. This requires the proceeding to be typed out - witness by witness. Thus, it takes about three months for this to ...
May 19, 2016Adam Hayes