It’s important for the attorneys at Ciyou & Dixon, P.C., as family law practitioners, to stay updated on Indiana laws to best serve our clients. Part of our ongoing effort to provide effective and efficient legal counsel to meet our clients’ goals includes learning about legislation that impacts the types of cases in which we are often involved. In this blog post, we discuss several changes that will become effective in 2019 that may impact issues in family law (divorce, paternity, child support modification, guardianship, adoption, etc.) that an individual may find themselves facing if you are involved in one ...
May 15, 2019CD
Most of us will have multiple jobs during our work career. The days of starting, working for and retiring with a company are mostly past. For divorced parents or those who have children born outside of marriage, a move for a job, new relationship, or the myriad of reasons, the move is more complicated because of Indiana’s custody relocation status. This requires these parents to provide advance notice of relocation or face legal consequences from payment of legal fees to loss of custody. This blog addresses four little-known details or considerations relevant to custody relocation you must know. First, both custodial and ...
January 16, 2019CD
Jobs and relationships (significant others) are in a constant state of change in today’s digital world. However, in cases where two parents share custody or one has primary custody and the other parenting time from a divorce1 or paternity order, a relocation of any significant distance can create a potentially significant issue for parenting by the non-relocating parent. Where the custodial parent is the relocating parent, if challenged by the remaining parent, the relocating parent must prove the relocation is made in good faith and for a legitimate reason. This blog presupposes a relocating parent can meet this burden; and ...
June 27, 2018CD
A significant number appeals taken to the Indiana Court of Appeals stem from paternity and divorce cases. In most cases, the appeal involves some form of disagreement regarding child custody orders issued by the trial court. This blog explores the three most common types of appeals, what you need to know to make an informed choice to appeal, and what kinds of issues are stronger for a “win” on appeal.1 The first type of appeal is the original custody determination. In paternity cases, this is generally litigation brought shortly after the birth of the child. In divorce cases, this what occurs ...
April 18, 2018CD
Custody is initially determined by the courts in divorce or paternity by considering statutory factors, including the age of the child, his/her adjustment to their home, school, community, and the mental and physical health of all individuals involved.1 In this situation, there is no preference for either parent. Psychologically and socially, children need stability so custody is not as easy to modify. However, custody can be modified by a court upon a showing of substantial change in the initial custody factors, and that a modification would be in the child’s best interests.2 There are numerous reasons why parents seek to modify ...
December 26, 2017CD
A number of our blogs over time have discussed the “how to” of a good faith relocation. Unfortunately, sometimes a parent gets blinded by the desire to move and loses sight of the fact this may not be in the children’s best interests; and he or she may provide very little or no notice and relocate. This blog addresses the potential remedies to stop or challenge a custodial parent’s relocation with the child by the non-custodial parent. When the custodial parent provides timely notice of relocation, the non-custodial parent can object in one of two recognized ways. The first is to ...
September 14, 2016Adam Hayes
In 2006, the General Assembly enacted a new statute addressing relocation of parents in the child custody provisions of the Divorce and Paternity Act. The relocation provisions required certain notice to be given to a non-relocating parent who may object. This was interpreted by the Indiana Supreme Court in 2008 in the Baxendale case.1 In general, Baxendale, directed a trial court may consider relocation as a part of the best interests factors and modify custody to the non-relocating parent. Since this statute and the Baxendale case decision, three key mistakes or concerns every parent in a relocation case should be aware ...
June 23, 2016Adam Hayes
Our society is more mobile than ever, working from home to teleconferencing across the globe. This makes relocation by a custodial parent more likely now than at any time in the past. There are three keys that a custodial parents must establish in order to be allowed to relocate with the children. First, and perhaps most important, is that the relocation is made in good faith and for a legitimate reason. A job transfer, layoff, and work-related reasons are the most common and likely to be successful. What this means is the relocation’s central reason must be for the benefit and ...
December 2, 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
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