The United States Supreme Court has long recognized the “fundamental right of parents to make decisions concerning the care, custody, and control of their children.”1 This fundamental right to parent is why the Indiana Courts place the burden of proof on the Department of Child Services (“DCS”) when it comes to proving that a child is a child in need of services (“CHINS”). Specifically, our Indiana Supreme Court has found that DCS must prove three basic elements for a CHINS finding.2 Those elements are: (1) that the parent’s actions or inactions have seriously endangered the child; (2) that the child’s ...
April 1, 2019CD
The Holiday Season is a time of joy and stress for everyone. This is particularly the case for parents who have children from divorce or paternity with child exchanges. Holiday time is magical for children and there is a finite amount of this holiday time. Both parents want their time. However, the legal system cannot get back this time by a subsequent legal proceeding, so try to avoid unnecessary conflict. Sometimes there is no ability to resolve any and all issues and a court action for contempt or modification is merely reflected and magnified by holiday parenting disputes. However, if the ...
December 15, 2015Adam Hayes
While housing markets have started to bounce back after the big crash of 2007/2008 there may be several areas that have still not totally recovered. If you purchased a home in the years before the housing bubble burst, there is a strong likelihood that you purchased at the top of the market, and the house is mortgaged currently for more that it would sell for. This is a common problem in many divorces cases in the past few years, as the marital home is often the largest asset (or debt). Further compounding the problem is that many times, both spouses’ ...
July 29, 2014CD
This blog post is different from most I author; typically they stem from actual cases, professional experiences, and the corresponding attempt to develop the law and make daily life a little better by culling from such key life and legal lessons. Many of these address firearms law. Today, however, I was a remote, after-the-fact observer of a long-running, hard-fought and finally decided case familiar to most everyone–the United States Supreme Court’s Heller v. Washington, D.C. (2008). How? On last minute day trip to Washington, D.C., in a chance encounter, I met and had a lengthy discussion with Dick Heller. Through Mr. Heller’s ...
November 22, 2011CD
As Indianapolis divorce attorneys, we find ourselves frequently trying to help clients determine why their marriage is in trouble and failing to determine if anything can be done to fix it. We firmly believe the grass is not necessarily greener on the other side of the fence. All successfully marriages–in deed all relationships-- boil down to work. Particularly where there are children, divorce should not be taken lightly. At a minimum, even if the marriage ends, gaining insights into why it faltered may keep you from making the same mistake in future relationships. Until recent years, Ciyou & Dixon, P.C. attorneys observed ...
June 16, 2011CD