In filing for or defending against a child custody modification, there are many misconceptions that litigants should know in in order to be success in obtaining a modification or defending against. If these are not recognized and considered, it may hurt your legal position. This blog analyzes these problems so you can properly work with your counsel to address them as they come up in court. The biggest mistake a parent may make in filing a child custody modification action is filing because of life changes, such overcoming addiction to street or prescription drugs. By itself, it is insufficient to modify ...
Tag: joint custody
November 25, 2020CD
Everyone has heard of a “nightmare” child custody battle. Most other civil cases boil down to money. In some high conflict custody cases, the battle is about custody, joint custody, or additional parenting time beyond what is set forth in the Indiana Parenting Time Guidelines. This blog covers what courts consider in deciding physical custody and your options if you receive an unfavorable final order. As a threshold matter, a litigant must understand how the Divorce Act directs judges to analyze and decide child custody in the children’s best interest. Specifically, the judge hearing the evidence is to determine what is ...
November 13, 2020CD
Child custody proceedings tend to be confusing and emotional times. Whether it be an initial custody proceeding or a modification of a pre-existing custody order, the process always seems to be draining on all involved parties. However, you can relieve some of the emotional burden by understanding the basic workings of child custody in Indiana. In this blog, we provide four things to know about child custody in Indiana. Physical and Legal. The first thing to know about child custody in Indiana is that it is divided into two distinct categories. First, there is physical custody. Physical custody simply means the ...
July 16, 2020CD
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 the divorce petition has factual mistakes that should be corrected to have accurate filings before the ...
May 28, 2020CD
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 educational training. Legal custody then has nothing to do with which parent will receive physical custody and the other parent parenting time. This blog ...
February 28, 2020CD
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 best interests must be addressed. Where there is a marriage of any duration, ...
August 23, 2019CD
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 friend through the process: jurisdiction, property division, and child custody. The fundamentals of each of these components of a divorce are the ...
July 9, 2019CD
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 in their best interests. Getting the right legal team on your side is key. This blog discusses the top five questions to ask child ...
June 20, 2019CD
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. There are a number of proactive steps you can take to improve your chances of obtaining custody during your divorce and/or for a modification after that are the focus ...
June 12, 2019CD
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. Physical custody is given to the parent who is identified as the primary care-giver and when this is ...
June 6, 2019CD