Every parent has heard or seen a story about a couple whose child is taken and secreted in another state by the other when troubles develop in the relationship. This has been a problem since the 1960s. In 1968, a uniform act was proposed that would ultimately be adopted in all states in some forms by the early 1980s. This blog post generally summarizes the potential use of the UCCJA. In simple terms, the UCCJA allows a parent who files for divorce or takes action in the state where the child is removed to, to have the courts in both states ...
April 13, 2016Adam Hayes
During the course of domestic proceedings, paternity may be at issue. There are, of course, original paternity actions, but paternity may also be at issue for related cases. For example, a third party seeking to modify custody or get a guardianship of a child will need to explore if paternity has been established before filing. So, who can file a paternity action? A mother or expectant mother, a man alleging that he is the child’s biological father or the expectant father of an unborn child, a mother and man alleging he is her child’s biological father, filing jointly, an expectant mother and a man alleging he ...
June 27, 2013CD
When custody and parenting time have been determined in a divorce or paternity action, a parenting time schedule is often put into place. Generally, a standard parenting time schedule when one parent has been granted primary or sole physical custody of a child over the age of three (3) is that the non-custodial parent will receive a midweek visitation (this may be overnight depending on the age of the child and the circumstances of the parents) and every other weekend from Friday evening to Sunday evening1. This schedule is a guideline, and can be adjusted according to what is best for ...
April 25, 2013CD
Within divorce and custody proceedings, often neither parent feels that they have received enough parenting time with the child. Under the Indiana Parenting Time Guidelines, generally, for a non-custodial parent (one without primary physical custody) of a school-age child who lives in close proximity to the custodial parent receives weekly parenting time, at a minimum, of one evening per week and every other weekend1. The situation becomes more complicated when a grandparent seeks time with the child. This situation occurs most often when a non-custodial parent does not exercise parenting time, or is unable to do so for various reasons, and ...
August 7, 2012CD
How to Decide What School Children Will Attend The Public vs. Private Debate Another school year is quickly approaching, if not already started for most children. With the ringing in of the 2012-2013 school year, conversations regarding children’s schooling and where children will attend school come to the forefront in domestic law cases. Where a child will attend school is a choice made by the parent(s) with legal custody. In many cases, divorced parents or parents who are involved in paternity actions share joint legal custody. Under joint legal custody, both parents have a say in matters of education, religion, and medical choices ...
August 2, 2012CD
Modifying Child Support with a Large Arrearage and Reinstatement of License to Drive Based On Law and Public Policy Through divorce or custody proceedings, a child support worksheet, which uses a complex formula, is produced in order to determine an appropriate child support amount to be paid. The child support worksheet uses gross weekly income and takes into account many factors to make sure child support is equitable, and includes other children the parties have a legal duty support, and childcare costs. Once the parties have presented their worksheets to the Court, typically by a trial if the amount of support is ...
July 31, 2012CD
In Part I of this blog post, two of the “mistakes” that often occur by nothing more than human nature in a custody evaluation were discussed: (1) trying to answer psychological testing in a favorable way, and (2) coaching children to a degree before a custody evaluation. It is important to be aware of these because they can occur at the unconscious level–engaging in these behaviors without realizing it. By realizing these common mistakes or issues, a parent can make the most of his or her custody evaluation, and ultimately, to act in their child’s best interests. Below in Part II ...
July 26, 2012CD
One tool frequently used in a paternity or divorce, or post-paternity or divorce or custody modification, is requesting a custody/parenting time evaluation. An evaluation is helpful for many reasons. Globally, it is a tool used to allow a mental health professional to observe the parent-child relationship from a neutral, third-party position, and evaluate the family dynamic and make recommendations to the trial court what custody and parent time arrangement is in the child’s best interests. This third party evaluator often refers to other materials and statements of third parties to assemble a complete “family snapshot” with evidence that would otherwise be difficult ...
July 24, 2012CD
The Bed Bugs Epidemic and What Parents Can Do About It In The Custody Context In the last several years, an old enemy to the American (and individuals and families across the world throughout history) family has re-emerged on epidemic proportions: the lowly bedbug. Any issue that impacts any large segment of our society will ultimately present itself in the domestic arena. So too with bedbugs. The issue Indiana domestic lawyers are now being called upon to address for their clients is what can be done if the other parent has bedbug infestation and does not remedy the problem. In other words ...
July 19, 2012CD
Ensuring the Children’s Best Interests In many of our previous blog posts, we have explored the determination of a child being CHINS (a Child in Need of Services)1, TPR (Termination of a Parent’s Rights)2, and adoption3. Ultimately, all of these cases that involve where children are placed when the parents have legal issues impacting their ability to parent are governed by the best interests standard. For instance, if a child is determined to be CHINS and a divorce is pending or has occurred or paternity has been established, the child may be placed with the other parent; usually this parent has previously ...
July 17, 2012CD