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 or potential litigation. This blog explores four terms and meanings connected to “custody”: 1). physical ...
June 20, 2017CD
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 is a remedy that is not meant to be a long-term way for ...
June 7, 2017CD
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 cause of an identity crisis; in the scenario of high-conflict divorce, it may even be such a ...
March 17, 2017Adam Hayes
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 court may deviation. However, certain property, such as certain railroad pensions, are not martial property by exclusion by statute. This blog address two much ...
February 8, 2017Adam Hayes
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 quite common—denying undeniable facts. For instance, in a long-term relationship that involves drug use, even “recreational” (illegal) marijuana, it is generally ...
January 11, 2017Adam Hayes
Until July 1, 2014, paternity actions in Indiana were considered confidential. While divorce cases and other litigation was public record, to which anyone had access, paternity records were sealed, and even attorneys, without an appearance, were unable to review same. Under new Indiana law, however, this confidentiality is no more1. Like divorce cases, paternity cases are now public record, and can be accessed. This update to the law puts the relatively similar paternity and divorce cases on an equal field regarding access. Now, an attorney or staff can call the Court to get updates, or check an online docket. Before, without ...
December 30, 2014CD
With our society becoming more and more mobile, and travel becoming easier, relocation from state to state, city to city, and even country to country, is becoming a common issue in post divorce and paternity cases. When one parent desires to relocate far enough away that the current custodial arrangement becomes unworkable, then what? Adding to the confusion is the trend that more and more parents are sharing joint physical custody. Either parent can relocate to a new town, city, state or even country. However, whether the child should remain living in the home and community he or she is presently ...
November 13, 2014CD
In many divorce and paternity cases it often happens that one parent is provided primary physical custody of the child or children, and the other parent receives parenting time. Physical custody refers to where the child primarily lives. There is another type of custody, legal custody, that could be either joint in both parents or sole in one parent. This means, the parents can share joint legal custody and one parent could have primary physical custody, but it also means that one parent could be provided with both sole legal custody and primary physical custody. Legal custody refers to the ...
July 22, 2014CD
Any Order that a court issues during the pendency of a Divorce or Paternity case, that is not a final Order of all issues, is a provisional Order. These can also be called "interlocutory”, “preliminary”, or “temporary” Orders. A Provisional Order is meant to maintain the status quo as close to possible. Any time a divorce action begins, there are inherently a lot of life changes, especially if someone has moved out of the shared house, and there are children involved. This applies to Paternity cases as well, as oftentimes when the parties come to court is because their former romantic ...
July 15, 2014CD
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