Ciyou & Dixon, P.C. attorneys routinely face questions about the merits and timing of a child custody modification action. In many cases, the facts are not enough to demonstrate a substantial change in circumstances. The respective parent is rightly concerned, but this is legally insufficient. Nevertheless, we observe five (5) times in a child’s life when a parent should consider filing a child custody modification proceeding. This does not mean that each such circumstance will be sufficient from an evidentiary standpoint, but statistically speaking, these are more likely factual situations where the legal burden will be met. We hope this article will ...
October 20, 2011CD
At Ciyou & Dixon, P.C. we find litigants are often confused about the term, “custody”, what it means and the legal right associated with it. A good analogy is to think of a term known to almost all of us, such as a “tire”. We all know what it means? If you run across a dealer in earth moving equipment and advise him or her you need to purchase four tires, we suspect, at least initially, two parties might as well be talking in different languages. Your tire for your SUV is probably about fifty pounds. To the earthmover, a tire ...
October 6, 2011CD
In a down economy, coupled with the consolidation in virtually every aspect of business, relocation is a frequent issue arising with custody and after the divorce decree is final. As family law attorneys, Ciyou & Dixon, P.C. is frequently asked to advocate for or defend against relocation by a custodial parent with the children. The reason this topic generates so much acrimony is because it almost always involves the non-custodial parent losing parenting time with the children or having it dramatically reworked. Thus, it is not surprising many of these cases are tried. In every Indiana custody relocation case, there are ...
August 25, 2011CD
With a long-existing Indianapolis divorce practice, Ciyou & Dixon, P.C. attorneys have observed four common life changes that parents with children encounter after they are divorced that they do not understand may require legal action. Some of the emotional, financial consequences, and impact on life can be limited with identifying the issues. We hope this helps. Significant Change in Income or Job Loss. Domestic court judges are given very broad discretion to do what is fair (equitable). However, all legal authority has constraints in order to keep if from becoming arbitrary or unequally applied. One situation, in which the trial court has limited, ...
August 23, 2011CD
As advocates who have handled hundreds of different physical custody modification cases, Ciyou & Dixon, P.C. advocates find all fall into two (2) strong factual cases for modification and two (2) weak ones (which are easier to defend). If you desire to modify custody, or are defending against a modification as a custodial parent, it is helpful to determine what type of case you have. The more insight you have, the more likely you will make solid legal decisions. And the better job you can do in helping your counsel prosecute or defend your position. Recovery from addiction or regulation of mental ...
August 16, 2011CD
All seasoned family law attorneys, judges, and related professionals, such as parenting coordinators and therapists, have worked with parents who simply cannot get along and reach agreement on simple things. Appellate cases report parents who make parenting with their children a “battleground.” Often this becomes acute with face-to-face transitions of the kids. Sadly, some parents have to have these supervised or occur at a place like a police station. Children “get it” and carry this baggage into their future relationships. At Ciyou & Dixon, P.C., we see this unfortunate situation occur on a daily basis. Over the years, we have compiled a ...
August 11, 2011CD
Is it true a custodial parent can be ordered to pay the non-custodial parent child support? At Ciyou & Dixon, P.C. we field a wide array of child support questions. These range from advising clients about collecting large child support arrearages to what to do with erratic income as a parent-payor. Most of these issues are ones the general legal consumer will never encounter, and which are frankly, not that interesting and downright boring. There are exceptions. One is “negative” child support. This is where the custodial parent (the parent who has the children the majority of time) might have to pay ...
June 21, 2011CD
This is a very complicated question with answers that turn on detailed factual analysis. As a general legal rule, if one domestic party to a conversation in Indiana consents to its recording, it is lawful to do so. However, if this crosses state lines the analysis may change. However, there are numerous exceptions to the controlling State and Federal Law. Thus, in domestic or other cases, the statutory text and case law interpretations should be specifically consulted. In Indiana, the controlling law is the Indiana State Wiretapping Act. Ind.Code § 35-33.5-5-1 et seq. The Federal Wiretap Act is codified at ...
June 9, 2011CD
A custody, parenting time and relocation evaluation may be requested and ordered by a domestic court where any of these contested matters are at hand: child physical custody (its initial determination or modification); legal custody, parenting time, and/or relocation. Such evaluations are a vital tool (of many) to consider in any given custody issue. At Ciyou & Dixon, P.C. we often find the place to start with a client we represent in such matters is with a fundamental explanation of terms. This ensures attorney and client are “singing from the same sheet of music.” Thus, where you the reader face a similar ...
June 7, 2011CD
At Ciyou & Dixon, P.C. we believe custody evaluations sometimes play a vital role in the preparation of a client’s case to facilitate it settling, typically in mediation, or to make it the best it can be for trial. The lynchpin of a custody evaluation is the evaluator’s consideration of collateral material. In basic terms, collateral information is what allows the evaluator to ascertain the weight to assign to each parent’s position. Consciously, sub-consciously, and/or unconsciously everyone presents his or her best side to a custody evaluator. This is human nature in matters of the heart, particularly child custody and related ...
June 2, 2011CD