At the end of Vietnam, America experienced a long span of relative peace (i.e., where there was not a know war or police action occurring). Since 9/11 that has all changed and America has been in war related-activities in Iraq and Afganistan. There are numerous hot spots around the world, such as North Korea (i.e., the Sony hacking) and Liberia (Ebola) where military troops are deployed. A significant military deployment seems like the status quo for now and the foreseeable future. Outside of the Soldier’s and Sailors Act requiring certain notice to military families, there are several laws under the Dissolution ...
March 12, 2015CD
Disputes over child custody, parenting time or visitation are often referred to third party professionals to investigation the matter fully and make a recommendation to the court.1 This process often leads to settlement and more streamlined trials. However, a court, who must use its discretion and make a child custody determination is not bound by an evaluator’s recommendations, but is likely to follow them. Custody cases usually involve a great-deal of emotion and “he-said, she-said.” For this reason, the key point of the evaluator—making a best interests recommendation to the court--is difficult and time consuming. Evaluators are not perfect and there ...
February 24, 2015CD
In domestic litigation, therapy and mental health can play a large role in determining child custody and parenting time. In some cases, therapy may be required between the child and parent regarding a number of issues, including addressing past issues or the general parent/child relationship. A recent Court of Appeals case discussed required psychotherapy for a parent, and how it relates to that parent’s ability to have parenting time with the minor Child1. In this case, the parties had one child together, and Mother had 2 children from a previous relationship. There was a history of sexual abuse for both Mother ...
November 18, 2014CD
With our society becoming more and more mobile, and travel becoming easier, relocation from state to state, city to city, and even country to country, is becoming a common issue in post divorce and paternity cases. When one parent desires to relocate far enough away that the current custodial arrangement becomes unworkable, then what? Adding to the confusion is the trend that more and more parents are sharing joint physical custody. Either parent can relocate to a new town, city, state or even country. However, whether the child should remain living in the home and community he or she is presently ...
November 13, 2014CD
There are a variety of cases involving child custody matters, including third party custody, de facto custodian custody, guardianships (and termination of guardianship), divorce, post divorce modification, relocation of a parent, and paternity. In fact, many of these types of cases can overlap and include more than one type. For example a post divorce decree custody modification can be as a result of the custodial parent relocating. In many cases where custody, or even parenting time, is contested, the court and attorneys may utilize one of several types of evaluations to help provide the court with insight into the matter. The ...
October 21, 2014CD
Often in domestic litigation, the process is lengthy, and extends over a long period. Domestic cases involving children may last for several months or even years, depending on the age of the children when the case begins. It can be a frustrating and highly emotional experience to be involved in domestic litigation, and often the parties just want to get the matter over and done with. However, not everything can be done immediately, or sometimes even for several weeks. For example, when filing for dissolution of marriage, there is a required cooling off period. Additionally, when a notice of relocation is ...
September 30, 2014CD
Creating an agreeable and/or feasible parenting time schedule, coordinating between 2 busy households is difficult. However, adding an agreeable transportation schedule/plan to effectuate parenting time can be just as difficult. Often, parents may not live down the block from one another. Jobs, family, or opportunities may leave parents 45 minutes or further apart. Pursuant to the Indiana Parenting Time Guidelines, one recommendation for parenting time exchanges is that “the parent receiving the child shall provide transportation for the child at the start of the scheduled parenting time and the other parent shall provide transportation for the child at the end of ...
September 18, 2014CD
Anytime you enter into the courtroom, and especially in domestic cases, a lot of otherwise private information becomes public (or before the court), because the court must consider the best interests of the children. Sometimes information comes out that leads to other types of civil or criminal actions, or inherently there is some relief a court must order if the court orders something else (one thing flows from the other). For example: 1. Child Support Modification. Child support modification can be brought as a separate issue all on its own, such as when the payor loses his or her job and income, ...
August 21, 2014CD
After a custody and parenting time determination, the parenting time schedule is set as specific as possible, so that the parties know their parenting time schedule. Often, the non-custodial parent will have a midweek and every other weekend as their parenting time schedule. The non-custodial parent may have more or less parenting time, depending on the Order or agreement of the parties. But, one matter not so well-defined is the opportunity for additional parenting time. If, during a parent’s parenting time, they need childcare for the children, what is the protocol for offering that time to the other parent? Often, it ...
July 17, 2014CD
Any Order that a court issues during the pendency of a Divorce or Paternity case, that is not a final Order of all issues, is a provisional Order. These can also be called "interlocutory”, “preliminary”, or “temporary” Orders. A Provisional Order is meant to maintain the status quo as close to possible. Any time a divorce action begins, there are inherently a lot of life changes, especially if someone has moved out of the shared house, and there are children involved. This applies to Paternity cases as well, as oftentimes when the parties come to court is because their former romantic ...
July 15, 2014CD