Anytime a parent, either the custodial, or noncustodial (or if the share joint physical custody) wants to move, the relocating parent must file a Notice of Intent to Relocate, and state the reasons why one is seeking to relocate1. The non-relocating parenting has the opportunity to object to the relocation within sixty (60) days. As a general rule, parents, as adult individuals, may relocate and move wherever they wish, and a court cannot prevent them from doing so, as it would violate the constitutional right to travel. However, the question becomes, and especially when it is the primary physical custodial parent ...
July 10, 2014CD
There are two (2) types of custody placements-initial and modification. Initial custody is determined at an early hearing-for example, a hearing to establish paternity or a final dissolution hearing in a divorce. Any change or amendment to custody after that initial custody determination is known as a custody modification. Initial custody and custody modification are based on several factors, and is based upon the best interests standard (i.e. what is in the best interest of the children). Other factors to be considered include the age of the child, the wishes of the parent(s), interaction with other family members, and adjustment to ...
June 26, 2014CD
While every divorce case is unique when it comes to property, assets, debts, incomes, child custody, and parenting time, in each of these categories, courts have a starting point, and lawyers will help to you to argue your position and move off the presumed starting place. 1. Property (assets and debts): The Court presumes that of all property owned by the parties either before or during the marriage will be divided 50/50. There are exceptions to this general rule, including situations where one party entered the marriage with substantial property acquired years before the marriage, or one party makes substantially less income ...
May 27, 2014CD
The Indiana Supreme Court has adopted the Indiana Parenting Time Guidelines as a tool to assist with developing a plan for “frequent, meaningful and continuing contact with each parent”, with the first Guidelines going into effect on March 31, 2001. Since the initial Indiana Parenting Time Guidelines were adopted and became effective in 2001, they have been reviewed and revised on two occasions, which became effective January 1, 2008, and March 1, 2013. Prior to the implementation of Indiana Parenting Time Guidelines (IPTG), some individual counties made their own parenting time guidelines, which they incorporated into their orders for parenting time ...
February 18, 2014CD
Family and domestic law cases, including divorce and paternity are civil cases. There are no criminal charges, and the case is heard by the bench (judge), not a jury. In some Indiana counties, there are separate civil and criminal courts. In other counties, both types of cases are heard in the same court. For the most part, the realms of family law and criminal law do not generally and frequently overlap. However, there are instances when criminal law becomes intertwined in a family law matter. Criminal law can become an issue in family law matters if there is domestic violence, abuse ...
February 6, 2014CD
Now that the holidays are over, and winter is upon us, inclement weather can unexpectedly cause travel problems and get in the way of normal parenting time exchanges. If the recent storms in Indiana have taught us anything, it is to be prepared for bad weather that can cause schools, work, and all travel to be canceled. If you are ordered to follow the Indiana Parenting Time Guidelines (or if you have some other parenting time arrangement, the IPTG can serve as a good guide to what the court is likely to consider exceptions to normal parenting time), the Guidelines state ...
January 14, 2014CD
As discussed in part one, with divorce, the impact on children permeates several areas of their lives, and can often be as traumatic, if not more, on children as on the adults. One major area of change and upheaval is a child’s routine. With divorce, there are suddenly different and more routines to manage. Parents must balance their parenting time and the parenting time of the other parent. Children must adapt to different routines, and adjust their time according to the household they are in. 1. School School is a common area of a child’s routine that may change drastically after a divorce. ...
December 3, 2013CD
With our ever more mobile society, the notion of always living in the same state, county, or town, is a rarity. What happens however when two adults, divorced, or unmarried, have a child together, but are no longer a couple, and one parent moves away? Or, an unmarried couple that never lived in the same state, as long distance relationships are more common with the latest technology advances? When a child is involved, a jurisdictional issue arises. Jurisdiction means, which state court, has the proper authority to make decisions about the child, as inherently two courts cannot simultaneously have this ...
October 24, 2013CD
As family law matters progress, one of the first issues to be determined by the parties is parenting time/custody. In some instances, the parties can agree to or are ordered to have joint physical custody. Other times, one parent is granted sole physical custody pursuant to the other parent’s parenting time. Parenting time is often granted, at a minimum, pursuant to the Indiana Parenting Time Guidelines (IPTGs)1. Generally, for older children, this includes midweek parenting time for a few hours and every other weekend for the parent exercising parenting time. The IPTGs are considered a minimum of parenting time, and if ...
October 1, 2013CD
When one spouse files for divorce, there is a lot that needs to happen quickly, and a lot that cannot happen. Sometimes a Husband and Wife talk before divorce is filed, and determine how they will divide custody and parenting time, who will stay in the marital residence, and who will continue to drive what cars, and who will pay the bills. But sometimes, divorce comes as a surprise or one spouse is angry and does not want to compromise. In Indiana, there is a 60 day waiting period from the date divorce is filed with the courts, to the soonest ...
September 5, 2013CD