The dynamics of what constitutes a “family” have been rapidly changing over the past several decades. What used to be considered family with a mother, father, and two children is no longer the norm, in many cases. Often, families now include step-parents, grandparents, half siblings, etc. This changing make-up of the family unit has led to more complex custody and visitation cases. As advocates at Ciyou & Dixon, P.C., we often see extended family members or sometimes even unrelated parties who have cared for a child, physically and financially, for a lengthy period of time have the child suddenly taken back ...
May 8, 2012CD
Change is a Constant The Indiana Parenting Time Guidelines (“IPTGs” or “Guidelines”) offer a baseline for parents in this midst of a divorce or paternity action a guide for parenting time (previously called visitation). The IPTGs continue application after the initial action and custody order. Parenting time issues, disputes, and misunderstanding are common problems Ciyou & Dixon, P.C. advocates encounter. With revised IPTGs on the table, we provide this blog to help readers to perhaps anticipate the future and eliminate misunderstandings and some disputes. Because the IPTGs impact parent-child time, they examine holidays, children’s basic needs, parenting conflicts, and more to get to ...
April 26, 2012CD
One rather complex issue is what evidence a parent has to put on at trial to receive more parenting time. Is this burden different from a physical custody modification since the net result can be deemed a change in how much time a child spends with the non-custodial parent, including more overnights, up to equal time? As advocates with a focus on education, Ciyou & Dixon, P.C. attorneys routinely go over these subtle distinctions with clients. We hope this blog post elucidates your view on these slight-to-major differences. Perhaps you cannot meet the burden to obtain a custody modification, but the ...
April 3, 2012CD
Perhaps. Yes. No. Maybe. The answer is driven by the facts. Even with the most caring parents committed to making post-divorce parenting work, disputes and disagreements are common with the other parent’s right to reasonable parenting time. At Ciyou & Dixon, P.C. we frequently receive questions about denial of the first right of refusal to be the caregiver when the possessory parent is unavailable , tardy pickups and dropoffs , and denial or interference with phone contact. One of the central questions raised by our clients and other family law litigants is does this mean custody can or should be changed? The general ...
January 31, 2012CD
At Ciyou & Dixon, P.C., we observe the failure and dissolution of a marriage, particularly those with younger children, is as much an emotional life event as a legal matter. Both parents deeply love their children, and want a post-divorce lifestyle to maximize time with the children and quality of life. This usually creates significant emotional stressors, which translates into the litigation in a myriad of ways when acknowledged by the litigant-parents: neither parent is going to spend the time with the children they did before and their individual standard of living is going to likely be scaled down. Thus the actual ...
November 3, 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
“In the throws of passion, we made a sex tape. Does this have any bearing on child custody in Indiana?” Probably not, despite the fact it may be embarrassing. At the broadest level, the Indiana Rules of Evidence only allow “relevant” evidence to be introduced into any given legal case. At Ciyou & Dixon, P.C. we are presented with racy photos or sex tape questions on a frequent basis. We find in most cases, this material is not relevant because under the “best interests” standard trial courts must consider for admitting evidence, this is not relevant. Nothing about normal human sexuality and ...
July 26, 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
"We love each other, but are not married and want to make sure we do it right and give our baby the dad’s name." At Ciyou & Dixon, we have handled virtually every type of Indiana paternity case, from the straightforward in establishing paternity to the novel and unusual, such as challenging DNA results. The area is fairly technical since the legal system evolved around the traditional model of a married man and wife and family, and child born in wedlock. For this reason, the father of the child has no legal rights or obligations (unlike the father of a child born ...
April 15, 2011CD