In most civil litigation, when you are sued, such as in a divorce, which is technically a complaint, you have to provide an answer to avoid a default judgment and losing.1 However, in divorce, there is no requirement to provide a cross-petition (or answer in a technical sense).2 Yet in a few instances, it may make sense to cross-petition. This blog addresses cross-petitions and their uses and some common myths surrounding cross-petitions. Factual mistakes: Perhaps the most common reason to file a cross-petition is that ...
Tag: joint custody
In today’s blended society, it is common for parents to have different religious beliefs and practices. However, if they both feel strongly about their religion and divorce, a war can erupt over how the children are raised at and after divorce. This is where the concept of legal custody comes in. On divorce or in paternity cases, the court can award joint legal custody. Legal custody covers decisions about the children’s medical care, religious upbringing, and ...
Everyone who begins a divorce watches television or has a friend who has certain beliefs in the divorce system that often shape how they talk about the process, view it and sometimes advise their friends. In this blog, we address three myths that are commonplace in Indiana. Avoid these and make the most of your divorce and expectations. Sixty-day divorce. Under the Divorce Act, the court can divorce parties in 60 days. However, divorce is a complex financial transaction and where there are children involved, one that their ...
Divorce is shrouded in fear and urban legend. However, for most couples in a broken relationship, it is the pathway to move on in a new and more positive direction when the divorce is ultimately granted by the Court. While divorce is a complex legal and financial transaction—and also an emotional one—sometimes involving professionals from psychologists to tax experts, it all boils down to three basic concepts you must understand to properly begin a divorce or help a ...
Navigating the divorce process raises a lot of questions for parents. It’s common to have concerns about your physical and legal custody, especially when both parties don’t automatically agree on a plan. That’s when it might be time to call on a child custody lawyer. Whether you’re seeking primary or joint custody, you need to show the court how you provide for and spend quality time with your children—and that what you want for custody is ...
Research consistently shows that the more involved a father is, the more successful his child is. Yet, winning primary or joint custody in a divorce case can be difficult for dads, even with the courts’ increasingly progressive views of co-parenting. Though it’s commonly believed that mothers “always” win primary custody, dads who prove their involvement and commitment in their child’s life can make an equally compelling case in today’s legal system. ...
In today’s world, fathers are more active in their children’s lives than ever. In households where both parents work, some fathers are their children’s primary caregivers. However, in the unfortunate situation where a divorce occurs, many fathers feel “doomed” and have the belief that mothers always get “custody”. This blog explores what “custody” means and provides key tips for fathers who seek custody in a divorce. The point to start with is an understanding of both “physical” and “legal” custody under Indiana law. ...
Almost everyone knows someone who has been, is or will be going through a “terrible” custody battle. The best of parents—acting under the stress of a separation or divorce—experiences a range of emotions from loss to rage. In some cases, the perceptions of the parents are magnified by underlying psychological issues, substance abuse or both and lead to the truly high-conflict custody case. While there is no legal definition for a high conflict custody case, they all share some of the same hallmark behaviors and incidents ...
The keys to making your best case for obtaining what you want in a divorce trial by focusing on the obvious and basics—but what is rarely ever consciously considered by the parties before or at trial.
November 28, 2017 / Father's Rights
Historically, the tender’s years presumption was law and effectively held that young children were presumed to be better cared for by their mothers, who most often received custody and the fathers “visitation” on divorce. That was a different time when the traditional family had a father working and a mother being a home-maker. This gave way to a gender-neutral legal position that meant, in theory, the recognition that either parent was presumptively able to have physical custody. The blog explores Father’s Rights now, ...