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
Yes, in some cases. Nationally as well as in Indiana, grandparents are increasingly raising their adult children’s children. Sometimes this is just being great and helpful grandparents. In some cases, such as a parent going back to school or distant work relocation, parents must do so to better their lives, but in others, they do so for legally impermissible reasons, such as addiction issues; these parents simply leave their children with grandparents to raise. For all practical purposes, the grandparents take over the role of caregiver and provide all the support, shelter, and care and nurture of the grandchildren. In ...
January 8, 2019CD
"Do I need an Attorney if I'm am contacted by CPS about my child in Indiana?" Each year Indiana Child Protective Services receives and investigates thousands of calls about suspected child abuse or neglect from a host of individuals ranging from doctors to teachers to counselors. Their job is to investigate and, if necessary, file a request for a Child in Need of Services case to be prosecuted. Many parents wonder when and if they should have their own attorney. This is the topic of this blog post. In short, the answer is “yes” there is the right to counsel, and parents ...
January 4, 2017Adam Hayes
Divorce trials are different from other civil and criminal trials because the events that led to the divorce are still going on and creating evidence and issues up to the point of trial. For this reason, a great deal of trial prep occurs near the time of the trial to capture the essence of the divorce dynamics. In this situation, it is often hard to determine any sort of rules to follow in presenting your case to the court (i.e., your testimony). However, over the years, Ciyou & Dixon, P.C. attorneys have observed a few relative constant do’s and don’ts for ...
October 11, 2016Adam Hayes
The Indiana Supreme Court has adopted the Indiana Child Support Guidelines as a tool to assist in determining the correct amount of child support based upon a duty to support a child, using the financial resources of the parties, needs of a child, and the standard of living the child would have enjoyed had the parties remained together. In any case there are certain events that can trigger the need to modify the court ordered child support amount. The most important thing to remember when considering filing for modification and when same should be done immediately, is upon certain triggering ...
July 19, 2016Adam Hayes
Court room proceedings and trials before judges are misunderstood many times by members of the public and compared with certain reality TV court shows. In reality, the courtroom process is a high-emotion place with those who prevail and those who do not. Television and the pressures of trial sometimes obscure the simple reality of a trial: within the bounds of certain laws and trial rules, a trial is aimed at giving a neutral fact finder the information necessary to make a sound, fair legal decision. It is not that much different from going to the doctor, your boss, church or any ...
May 5, 2016Adam Hayes
For mostly technological reasons, major life events from global meetings to face-time chats with friends across the land occur in more or less real time. The new mass of information is digital and not paper. The old days of putting the paper mortgage documents and financial statements in a single place—forever—are long gone. So are the days of digital information being kept in one place—except for the most vigilant. This means that with any litigation, from a protective order to divorce, a swipe of a screen or click of a mouse may reflect some significant event that is relevant to litigation. ...
August 12, 2015Adam Hayes
Over the course of time, state and federal government focuses on certain crimes or issues of legal importance to society. In the emotional context of domestic relationships where children are involved or with similar matters of the heart, domestic violence often goes unreported. For this reason, Indiana has a comprehensive system for those who are abused to obtain a protective order, commonly referred as the Indiana Civil Order Protection Act. Unfortunately, as with every other aspect of law and life, a small percentage of litigants abuse the process for illicit purposes. For example, a spouse may allege domestic violence to obtain ...
June 9, 2015Adam Hayes
Under the United States Constitution, each person has the right to free travel in and between the states. Where the parties have a child in common and custody is in place (whether by paternity or divorce), this right to still applies. However, under the Paternity and Dissolution Acts, the relocating party must do two things: First, the moving party must provide advance written notice of the intent to relocate 90 days in advance or as soon as possible if the time is shorter. This applies to the custodial and non-custodial parent. Second, the relocation must be made in good faith and for ...
April 22, 2015Adam Hayes