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.
Tag: legal custody
Across the United States, including in Indiana, social trends and financial pressures are driving lawmakers and courts to reconsider key areas of law that are being tested and challenged each day. Since family and criminal law constitute the majority of cases, you must understand these to be an informed citizen and have awareness as it impacts your life and legal suits and those of your friends and family. This blog says in one place at one time the “unsaid” of what is known to and a ...
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 ...
April 26, 2017 / Child Custody
Family law, like every other profession, has its own language; a language that can be misunderstood, or may stand for many things depending on the context in which it is used. This blog covers the five key definitions that are used correctly, incorrectly, or a combination of both, in child custody proceedings. The better you understand these terms, the more informed litigant you will be. The first term is an umbrella term generally referred to as “child custody.” Child custody refers ...
A topic or term known to perhaps every divorced (or unwed) father in the United States is “fathers’ rights”. Gather a group of fathers together and perhaps there would be no agreement on the precise definition and how this term would, could, or should play out in the divorce or paternity. However, they would agree, on the whole, they believe they are getting “screwed” by the system. Such term, in fact, conjures up discussions ranging from the child support formula (unreasonable amounts it computes for non-custodial fathers) and denial ...
Divorce and child custody cases present common issues and unique ones to every family that comes to Court. To assist attorneys in making their client’s best case, Indiana judges sometimes gather and present seminars for practitioners to give them guidance in what helps best present every case. The Indianapolis Bar Association presented a seminar with Marion County and surrounding counties’ judges on March 23, 2016. This blogs covers 3 tips that came from this CLE that may help you understand what judges ...
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 ...
Divorce is the best of times and the worst of times for most people (parties, friends, and family) all at the same time. It is difficult to manage the day-to-day events and divorce process itself and work or do the events of daily life with the future unknown. In some respects, it is also positive for many people because it signals a life change. Over the course of years, we have observed five critical mistakes parties make that negatively impact their life during and after the ...
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, ...