Our society is one of the greatest in history because of our fair and impartial legal system. To ensure the proper balance between the citizenry and police officers, those suspected of crimes are not required to give incriminating statements and have the right to counsel. At the time a person is stopped by the police or arrested he or she should exercise these rights: remain silent and ask for an attorney. This does not mean to be rude or insolent, but is the way individual and police powers and freedoms are balanced in our society. There are certain common sense limits, however, ...
February 4, 2016Adam Hayes
The Indiana Supreme Court has been proactive to protect the private information that litigants might place before a court. There is administrative rule 9 which is a compilation of directions from the Court and statutes and other rules on point about how to keep private information that should not be in the public record, private; while at the same time, balancing this against the right to public access to the court system. If you have what you believe is private, confidential or privileged information that arises in your case, this is a matter you should identify and discuss it with your ...
January 21, 2016Adam Hayes
For mostly technological reasons, major life events from global meetings to face-time chats with friends across the land occur in more or less real time. The new mass of information is digital and not paper. The old days of putting the paper mortgage documents and financial statements in a single place—forever—are long gone. So are the days of digital information being kept in one place—except for the most vigilant. This means that with any litigation, from a protective order to divorce, a swipe of a screen or click of a mouse may reflect some significant event that is relevant to litigation. ...
August 12, 2015Adam Hayes
A common set of questions or concerns with clients or litigants in divorce is why does a divorce take so long (since the statute only says sixty days have to pass), and why can the divorce process become expensive in terms of costs (custody evaluations) and legal fees. At a simple level, a divorce lawyer has had to untangle the emotional dynamics of a case - legally advocating a clients objective in the case as it relates to division of assets in a just and reasonable manner and determining custody in the children’s best interests. There are numerous bodies of law ...
July 22, 2015Adam Hayes
Historically, the Indiana Supreme Court has existed since its creation by the Indiana Constitution in 1851. The Indiana Court of Appeals has played a key role in giving all citizens timely and appeals of right since the late 1800s, becoming permanent by constitutional amendment in the 1970s. The efficiency of the entire legal branch of government is important to note, as it operates on only 1% of Indiana’s budget. That said, the Indiana appellate system has remained responsive to change over time but is truly changing in a fundamental way this year. At the beginning of the year, the font and ...
July 14, 2015Adam Hayes
The General Assembly, trial courts, and Indiana appellate courts all are active in protecting children caught in a divorce or paternity cases and in modification proceedings afterwards. The policy, which is a basic tenet of psychology, is aimed at the disruptive effect of moving children back and forth between divorced parents and to discourage the parents from using child custody proceedings for revenge or because something in their live has changed. To modify physical custody (i.e., where the child spends the majority of his or her nights), a parent must show a substantial change in circumstances and modification meets the children’s ...
May 28, 2015Adam Hayes
A recent Supreme Court of the United States case addressed the issue of whether a search warrant is needed in order to search the contents of a person’s cell phone1. In this digital age of a cell phone acting as a lifeline to users (calendar, alarm clock, video/song player, financial planner, etc.), a device no bigger than a deck of playing cards can contain personal and intimate information about not only the owner, but others as well. In the recent ruling, the Court held that in order to search extensively the information contained in a person’s cell phone, the police must ...
January 13, 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
There are a variety of cases involving child custody matters, including third party custody, de facto custodian custody, guardianships (and termination of guardianship), divorce, post divorce modification, relocation of a parent, and paternity. In fact, many of these types of cases can overlap and include more than one type. For example a post divorce decree custody modification can be as a result of the custodial parent relocating. In many cases where custody, or even parenting time, is contested, the court and attorneys may utilize one of several types of evaluations to help provide the court with insight into the matter. The ...
October 21, 2014CD
As has been noted in previous blogs, law may not always work in real time or move as quickly as one or both parties may like. Often, there are deadlines and pieces that must fit together before a matter can be finalized. This can take some time. In divorce cases specifically, there are several reasons it may take longer or be continued. First, there is a required cooling off period of 60 days, and until that time is reached, the divorce cannot be finalized. Next, there may be a GAL or custody evaluator involved. Both of these providers interview the parties ...
October 2, 2014CD