Across the United States, including in Indiana, social trends and financial pressures are driving lawmakers and courts to reconsider key areas of law that are being tested and challenged each day. Since family and criminal law constitute the majority of cases, you must understand these to be an informed citizen and have awareness as it impacts your life and legal suits and those of your friends and family. This blog says in one place at one time the “unsaid” of what is known to and a daily struggle for law enforcement officers, prosecutors, lawmakers’ judges, and attorneys. First, natural (and adoptive) ...
June 29, 2017CD
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
To address a parent’s failure to pay child support for a child born within a marriage or out of wedlock, certain levels of non-support have thresholds that have been addressed by statutes. For example, at the state-level, there are statutes that make non-support a felony to prohibiting a licensed professional from renewal. Under federal law, a significant child support arrearage may cause non-renewal or issuance of United States Passport. Today, the Indiana Court of Appeals decided an important case that shows the ways to potentially retroactively modify child support ordered by a trial court.1 These exceptions show when your income changes ...
June 6, 2017CD
Family law, like every other profession, has its own language; a language that can be misunderstood, or may stand for many things depending on the context in which it is used. This blog covers the five key definitions that are used correctly, incorrectly, or a combination of both, in child custody proceedings. The better you understand these terms, the more informed litigant you will be. The first term is an umbrella term generally referred to as “child custody.” Child custody refers to who is going have the children or make decisions for them, under what situations, and contains within it all ...
April 26, 2017Adam Hayes
A topic or term known to perhaps every divorced (or unwed) father in the United States is “fathers’ rights”. Gather a group of fathers together and perhaps there would be no agreement on the precise definition and how this term would, could, or should play out in the divorce or paternity. However, they would agree, on the whole, they believe they are getting “screwed” by the system. Such term, in fact, conjures up discussions ranging from the child support formula (unreasonable amounts it computes for non-custodial fathers) and denial of parenting time to tactical use of protective orders. This is not ...
April 12, 2017CD
All issues involving child custody and child support have significant social, political, economic and psychological dynamics operating within the legal system and controlling laws. Two key policies that support the law is to maintain the child with a style of living as if the parents were married and meet the child’s best interests. In the very broad area, this blog post explores three trends that are slowly changing domestic law across the country: joint custody, child support ending at age 18, and third parties obtaining custody. At present, the parent who is not awarded physical custody is given parenting time (overnights) ...
July 7, 2016Adam Hayes
Over the last two decades, social and psychological science research, and an ever-changing view of what constitutes a “family” and who and how work is done by parents, has shifted the view of custody. Not that long ago, women were de facto awarded custody on divorce and father’s obtained “visitation.” Now the importance of frequent contact with both parents has been validated, and the non-custodial parent is awarded “parenting time.” This reinforces the concept of shared parenting. This blog post explores some of the more common parenting orders of custody reached by agreement or after a trial. The first is joint time ...
May 24, 2016Adam Hayes
Divorce and child custody cases present common issues and unique ones to every family that comes to Court. To assist attorneys in making their client’s best case, Indiana judges sometimes gather and present seminars for practitioners to give them guidance in what helps best present every case. The Indianapolis Bar Association presented a seminar with Marion County and surrounding counties’ judges on March 23, 2016. This blogs covers 3 tips that came from this CLE that may help you understand what judges are looking for in divorce cases. These simple things will help in almost all cases a judge better understand ...
March 29, 2016Adam Hayes
In Indiana, the term custody includes two distinct concepts, namely physical and legal custody. Physical custody generally refers to the parent with whom the child will spend the majority of overnights with during a year. Legal custody focuses on which parent (or both) make major decisions for the children, focusing on health, education and religion. This blog post explores these and modification and division of this legal decision-making. In a majority of cases, legal custody is not at issue at all or to the degree with physical custody. Many parents were drawn together as a couple because of similar views on ...
March 15, 2016Adam Hayes
In every disputed custody case, the difficult decision facing the judge is who should have custody of the children and what parenting time the non-custodial parent should receive. The trend between litigants is seeking something close to equal time with the children. Whatever your objective, there are simple tips you can used to help your case for custody. First, don’t be the parent who makes an issue out of everyday and normal deviations in parenting time a “war.” Under best interest standard, a judge considers who will do the most to facilitate the other parent’s time and help him or her ...
December 1, 2015Adam Hayes