With Governor Holcomb’s “Directive to Stay at Home” order taking effect at 11:59 p.m. on Tuesday, March 24, 2020 to slow the COVID-19 epidemic, parents with children born out of wedlock and from divorce face uncharted waters. This is because some states with stay-at-home or shelter-in-place orders have prevented custody and parenting time exchanges. There is simply mass confusion. This blog covers a reasonable application of how parents in Indiana should conduct themselves in exchanging the children during the period (until April 6, 2020) of the stay-at-home Directive. The most important aspect of this Directive is that custody and parenting time ...
Tag: paternity cases
March 24, 2020CD
In a small percentage of divorce and paternity cases, some children completely reject a parent and become estranged from this parent and effectively deny they are the child’s parent. Do these parents have to pay for higher education? This blog addresses the legal doctrine of a child repudiating a parent’s relationship and implications if he or she seeks contribution from the estranged parent toward college expenses. In Indiana, there is no absolute legal duty on the part of a parent to provide a contribution to a child’s college expense. However, the Divorce Act authorizes Indiana trial courts to pay sums toward ...
March 20, 2020CD
Maybe. Most likely not. In many divorce cases, children have important information the court needs to determine what custody arrangement is the children’s best interests. However, many parents simply do not want to put their children in the situation of being called as a witness in open court against the other parent. Most Indiana trial court judges do not want the children under the pressure of being pitted against their parents. So then how can a child’s voice be heard in court? This blog covers four common ways the evidence the child has is brought up in court so the ...
February 7, 2020CD
A common question litigants have in family law cases is whether there is a way they can be reimbursed for their attorney’s fees? The answer is somewhat complicated and it depends. In most litigation in the United States, we follow the “American Rule”, which is each side pays its own attorney’s fees. However, in divorce and paternity cases in trial courts and on appeal there are ways a party may recover some or all of his or her attorney’s fees. This blog covers what you need to know about attorney fee awards in divorce and paternity cases. Perhaps the most common ...
December 18, 2019CD
This blog is written for divorced parents or parents of children in a paternity action that are about to turn 19 years of age. Although minor children are considered to be adults when they turn 18 years of age, there are still parental financial obligations for children of divorce or paternity cases. In the state of Indiana that continues until 19 years of age and possibly beyond. The statutes in Indiana require that a parent must file before the child turns 19 years of age to preserve the financial obligation of child support or college expenses, beyond the age of ...
November 15, 2019CD
Individuals who find themselves in the middle of a paternity or divorce proceeding understand the emotional struggle that comes along with it. Whether it’s a paternity proceeding to establish custody, or a modification of a prior divorce decree, these types of proceedings never tend to get easier for people. For this reason, and some others, people treat these types of proceedings as a way to “air out dirty laundry” of the other. There are certainly numerous pieces of evidence that are relevant to both paternity and divorce proceedings, and you should share important evidence with your attorney (and likely in ...
August 29, 2019CD
One of the best ways to make the most of a divorce is to try to remove yourself from the emotion and clearly understand what you want, why, and if your legal desires are realistic. Divorce law is complex making this difficult. However, there are three pervasive myths about divorce law that have many litigants confused before they even consult with counsel. They are debunked and the focus of this blog. The first myth is with property (e.g., stocks, bonds, cash, homes) that a party brought into the marriage. Indiana is a “one-pot theory” state for divorce. What this means is ...
January 24, 2019CD
Probably. Divorce is unique in civil suits because the parties likely will continue to know each other (particularly) if they have children and interact into the future. With a divorce if you lose custody, child support is wrong, or the property is not properly divided or completely divided, you need to appeal to protect your future rights. This blog explores why you should consider an appeal in divorce and paternity cases. Where children are involved (divorce or paternity), if child custody is at issue, the parent who does not prevail should consider an appeal if there are viable issues. Just waiting ...
January 15, 2019CD
The Indiana Parenting Time Guidelines are presumed to apply to every custody case (paternity or divorce). These Guidelines presume one parent will have primary physical custody and the other will have overnight parenting time. Typically, for a child above three (3) years of age, this is one night during the week, every other weekend, alternating holidays, and half of the summer. However, the national trend toward joint parenting time or joint custody has resulted in court routinely extending the mid-week night to overnight if the parties agree or the evidence shows it is in the child’s best interests. However, there ...
December 5, 2018CD
In the digital age, the era of endless activities for even the youngest children that didn’t exist in easier times, given about half of all marriages end in divorce, even parents who remain together have time carving out true quality (interactive) time with their children. This blog goes back to basics to provide three simple tips that almost seem forgotten for parents to have quality time with their children. Maybe all parents have always been busy and have struggled to find a life balance where both parents worked. However, today adults and children alike are “tied” (in some cases literally addicted) ...
October 22, 2018CD