Law changes ever so imperceptibly every day. It has to in order to keep up with our society and afford each of us the right to achieve “life, liberty and happiness” through due process of law. The right to due process of law protects the family that is singled out for the most protection in the Constitution —there is a fundamental right of parents to raise their children as they see fit, even if other people or government believes ...
Tag: paternity cases
Why Parents May Make Tactical Mistakes in Delaying Custody Modification Proceedings When Their Spouse Is Addicted to Prescription Drugs
November 22, 2017 / Custody Modification
The angst of litigation keeps couples with children together long after they probably should have divorced or sought custody modification. In most cases, this is legally, socially, and psychologically sound. This blog explores the common situations where one spouse becomes addicted to prescription drugs, but the other tries maintaining the status quo, eventually “hurts” the parent—and often the children—who he/she is trying to protect to keep the family intact. The nightly news relays the war on codeine based drugs and the lawsuits against ...
Legal Rights and Remedies That Do Not Exist in Indiana Most seasoned divorce attorneys have had clients who have lived in different places or have friends and family divorced in other states; sometimes this brings pre-conceived notions to the table about what is possible in a divorce in Indiana. This blog addresses the most common misunderstandings of litigants in proceeding in Indiana. The first misconception is alimony. In many states, the spouse without earning power can obtain long-term alimony. It is not uncommon to hear about very large monthly (or weekly) alimony awards ...
Unlike in divorce cases, where children born during the marriage are presumed to be children of the Husband and Wife1, in paternity cases, paternity of the child has to be established by one of several means2. One way, in particular, DNA testing, creates a reliable basis for the alleged father to ensure paternity of the child in question. In many paternity actions, the parents were together at the time when the child was conceived, and the father may have signed the paternity affidavit at the hospital. But, ...
June 27, 2017 / Child Custody
Most litigants speak of custody loosely today and take it to mean who has the children, with the other parent getting Indiana Parenting Time Guideline time with the children and paying child support. In other blogs, we have posted materials to differentiate physical custody from legal custody and parenting time. This blog focuses solely on legal custody as more and more parents have differing life views that come into sharp focus and dispute during marriage and paternity cases—and today marriage and having a child is not ...
In divorce and paternity cases, the term “custody” has a number of different meanings. If you are contemplating divorce or in the process, understanding this term is key. If you are divorced or paternity is established, you might think you understand the “custody” terms you agreed to in reaching an agreement or as ordered by the court; but if you and the other parent don’t have a meeting of the minds on the meaning of custody connected with your “custody” order, it will cause conflict ...
In many divorce and paternity cases, a continuum is presented where the parent-child relationship may be strained to non-existent. Parents want to see their children. Children want to spend time with their parents. This is a basic bond of parent-child relationships and why parents have a fundamental right to rear and make decisions for their children—one of the oldest and most protected rights under the United States Constitution. For these and many other reasons, supervised visitation (by a third party) of a parent with his or her children ...
In polling a room full of people who have experienced divorce, some will contend their ex-spouse is "crazy". Part of this is gallows humor and a way to cope with this past or present stressor; there are those for whom the situation will be a reality. This blog post addresses divorce and mental health statistics means to obtain a diagnosis or assessment under the law, and key implications for the divorcing parties. First, divorce itself is now recognized as a traumatic experience and possible ...
February 8, 2017 / Division of Assets
Future Inheritances and Non-Vested Stock Options The Dissolution Act (the laws the cover divorces) gives wide definition to marital property for a divorce court to divide. This includes property acquired before marriage and brought into the marriage; property acquired by joint efforts, and assets that accumulate during the marriage. The divorce court is to presume no matter what type of property this is before it a presumption is an equal division. However, if just and reasonable a divorce ...
While most domestic cases resolve before trial, those that are tried generally involve unique legal issues, or more commonly, extremely contentious issues such as child custody, amount of parenting time or child support (the two are linked), or serious issues about valuation of assets. Indiana judges get a “hot record”, meaning they are given great deference in judging the witness’s credibility. This blog covers four ways to “torpedo” your case by being a witness that lacks credibility. The first is ...