Whether it be from personal experience or a movie you saw on television, most of us have some understanding of the concept of custody. However, when people think of custody, most of the time they are only thinking of physical custody. But, physical custody is just one part of child custody as a whole. Who makes decisions about school? Religion? Medical? Do these decisions have to be agreed upon? What if we cannot agree or have differing views on the subjects. These are questions that many don’t think about until a custody proceeding begins, and it can be confusing to ...
Tag: joint legal custody
March 10, 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
In high conflict custody cases, it is common to have a forensic Ph.D. level custody evaluator conduct an evaluation and make recommendations to the court as to who should have custody in the child’s best interests. These evaluations result in a written report. However, no professional is accurate all of the time, and occasionally an errant report issues. In short, we all make mistakes—even professionals. If you get an adverse custody evaluation in your case, this blog is focused on potential “fixes” for a custody evaluation that we have tried over time. Review of the custody evaluation by another expert. It ...
September 10, 2019CD
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.
December 19, 2017CD
Most litigants speak of custody loosely today and take it to mean who has the children, with the other parent getting Indiana Parenting Time Guideline time with the children and paying child support. In other blogs, we have posted materials to differentiate physical custody from legal custody and parenting time. This blog focuses solely on legal custody as more and more parents have differing life views that come into sharp focus and dispute during marriage and paternity cases—and today marriage and having a child is not generally thought of in absolute terms, “till death do you part.” Or parents until our ...
June 27, 2017CD
In divorce and paternity cases, the term “custody” has a number of different meanings. If you are contemplating divorce or in the process, understanding this term is key. If you are divorced or paternity is established, you might think you understand the “custody” terms you agreed to in reaching an agreement or as ordered by the court; but if you and the other parent don’t have a meeting of the minds on the meaning of custody connected with your “custody” order, it will cause conflict or potential litigation. This blog explores four terms and meanings connected to “custody”: 1). physical ...
June 20, 2017CD
Let’s face it. There are some parents that just cannot agree on certain issues related to their child, such as extracurricular activities or (legal) discipline of the child. As a result, Indiana has started utilizing a newer method to address co-parenting in these situations. This blog post focuses on parallel parenting, a concept targeted toward parents experiencing consistent conflict due to their inability to agree to virtually anything, sometimes reflective of different life views that led to divorce and, others, the on-going “wounds” from the breakup of the marriage. Parallel parenting is a fairly new concept introduced in March of 2013 ...
April 13, 2017CD
Divorce cases often cover the entire spectrum of law, ranging from complex financial transactions to lengthy custody trials. For this reason, Indiana’s divorce law is very comprehensive to give attorneys, litigants, and judges the ability to “untangle” a relationship that has been years in the making in incremental steps. As such, the parties can agree to terms even a divorce court could not order, so long as it does not agree to waive child support or have terms that are not in the children’s best interests. For this reasons, a divorce may be finalized in several ways. First, in cases of professionals ...
June 16, 2016Adam Hayes
In Indiana, the term custody includes two distinct concepts, namely physical and legal custody. Physical custody generally refers to the parent with whom the child will spend the majority of overnights with during a year. Legal custody focuses on which parent (or both) make major decisions for the children, focusing on health, education and religion. This blog post explores these and modification and division of this legal decision-making. In a majority of cases, legal custody is not at issue at all or to the degree with physical custody. Many parents were drawn together as a couple because of similar views on ...
March 15, 2016Adam Hayes
In paternity and divorce cases, parties sometimes do not fully understand “legal custody.” Legal custody has nothing to do with who a child stays with for parenting time or custody. Instead, it is which parent(s) has the authority to make decisions about the child’s health, education, and religions decisions.1 If it is in a child’s best interests, the court may award joint legal custody. This is generally appropriate and in the child’s best interests when the parents have a generally shared view of these matters, such as they are of the same faith, believe in public or private schools, or have ...
October 7, 2015Adam Hayes