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 ...
Tag: joint legal custody
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.
June 27, 2017 / Child Custody
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 ...
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 ...
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 ...
June 16, 2016 / Divorce
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 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 ...
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, ...
The term “Legal Custody” is frequently misunderstood; it means which parent (or both) will make the major life decisions for the children, such as on matters of health, education, welfare, and religion.1 Divorcing parents one of whom has strong Catholic beliefs and the other a devout Christian are sometimes apt to put the children in a tug-of-war as to their beliefs. For such reasons, trial courts have the ability and duty to look out for the best interests of the children and may award legal ...
In many divorce and paternity cases it often happens that one parent is provided primary physical custody of the child or children, and the other parent receives parenting time. Physical custody refers to where the child primarily lives. There is another type of custody, legal custody, that could be either joint in both parents or sole in one parent. This means, the parents can share joint legal custody and one parent could have primary physical ...