In particularly contentious child-custody cases, a child custody evaluation may be a great investment in your case to help achieve the custody arrangement you seek. This is because, at the end of the process, the evaluator makes recommendations to the court about what custody arrangement is in the children’s best interests. There are different levels of evaluators that you should consider when requesting a custody evaluation. This blog covers the three most common types of evaluations. Perhaps the most common custody evaluation is completed by a Guardian Ad Litem1 as allowed for in the Divorce and Paternity Acts. In many cases, ...
Tag: paternity case
February 27, 2020CD
You do not have to be a lawyer to recognize that today’s children are being raised in large numbers by third-parties, ranging from grandparents to relatives to friends and total strangers. Knowing how important stability is to a child’s sense of well-being, many third-parties mistakenly believe that they can just file in court and obtain “custody” since they are raising someone else’s children. However, the United States Supreme Court has determined that natural (and adoptive) parents have one of the oldest and most protected rights—a fundamental right—to raise their children. Thus, a third-party has a legal barrier to overcome in ...
August 27, 2019CD
It’s important for the attorneys at Ciyou & Dixon, P.C., as family law practitioners, to stay updated on Indiana laws to best serve our clients. Part of our ongoing effort to provide effective and efficient legal counsel to meet our clients’ goals includes learning about legislation that impacts the types of cases in which we are often involved. In this blog post, we discuss several changes that will become effective in 2019 that may impact issues in family law (divorce, paternity, child support modification, guardianship, adoption, etc.) that an individual may find themselves facing if you are involved in one ...
May 15, 2019CD
The answer is, “It depends”. Under the laws covering children born to unwed parents, a father may legally acknowledge he is the child’s biological father. This is done by the parents entering into (filling out and signing) a Hospital Paternity Affidavit at the hospital soon after the child’s birth. This ensures the father participates in naming the child and his name appears on the child’s birth certificate. This blog covers what custody rights a father has upon entry of the Hospital Paternity Affidavit and what a putative (potential) father should consider if he is unsure whether he is indeed the father ...
August 9, 2018CD
In many homes across America today, a grandparent (or third party) is the one raising a child or children of the biological parents. This may be for many reasons; typically, it is due to the instability of a parent, physical or mental health issues, drug use, incarceration of a parent or a pure lack of the ability and/or desire of a biological parent, well, to parent. This blog addresses what happens when a grandparent (or third party) becomes a bonded caregiver for such children and what steps they can take to keep “custody” in the child’s best interests. Over time, a ...
February 19, 2018CD
After review from the House of Representatives of the Indiana legislature, the proposed legislation, Senate Bill 27, was returned to the Senate with the House’s proposed changes, for approval before a final vote. Senate Bill 27 addresses some issues that may arise during adoption proceedings to streamline the judicial process, and protect the natural parent’s constitutional rights to raise his or her child. Under current Indiana law, if third parties file a Petition for Adoption of a Minor child, while a Petition to Establish Paternity in the natural Father is also pending, the matters must be consolidated and heard by the ...
April 10, 2014CD
Sex, lies and scandalous videos of celebrities fill the daily tabloid magazines and go viral on the internet. But what about you? You are not a celebrity, why does what you do in your personal life matter? Sex, lies, and scandalous videos can be very damaging to you if you find yourself embroiled in a hotly contested divorce, custody, or paternity case. Almost everyone has something “private” and often times you think you are sharing something personal with someone you are involved in a trusting relationship with. However, when the gloves come off, these types of private occurrence come to light ...
April 8, 2014CD
When a child is born out of wedlock, legal issues that may arise fall under paternity actions. Paternity actions are quite similar to divorce actions, and oftentimes, statutes from paternity law mirror statues from divorce law. However, there are some differences and complexities with paternity that are not faced in divorce. One example is the surname of the child(ren). In divorce, if a child is born of the marriage, the child will generally receive the surname of the parties (father’s surname most commonly). However, in paternity matters, this is not always the case. The child’s will be recorded under the ...
March 28, 2013CD
Divorce and paternity actions are often complex when the parties involved are the predictable ones - mother, father, and child. However, not all divorce and paternity actions are so clean-cut. In many instances, because the concept of “family” is expanding and evolving significantly in this century, there are others involved. Maybe there are stepchildren or half siblings involved as families blend. But what if there is a child involved whose paternity is unknown? For example, a mother may have been seeing a man outside of her marriage and becomes pregnant. Under Indiana law, it is presumed that a child born ...
September 13, 2012CD