It is common knowledge that addiction to illicit and prescription drugs is at “epidemic” proportions in the United States. Unfortunately, families are not immune from this problem and many divorces are tied to addiction (which may be tied to mental illness diagnoses as well). Many spouses simply do not know how addiction may play into divorce, so they wait or do not file at all until it is too late. This blog covers what you need to know about filing for divorce where addiction is at play. The basis for the divorce. Indiana is a no-fault state so the fact that ...
Tag: supervised parenting time
September 20, 2019CD
The angst of litigation keeps couples with children together long after they probably should have divorced or sought custody modification. In most cases, this is legally, socially, and psychologically sound. This blog explores the common situations where one spouse becomes addicted to prescription drugs, but the other tries maintaining the status quo, eventually “hurts” the parent—and often the children—who he/she is trying to protect to keep the family intact. The nightly news relays the war on codeine based drugs and the lawsuits against manufacturers. Often times spouses become addicted to these substances by virtue of an injury or surgery and not ...
November 22, 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
And Three Reason To Consider Court Challenge Our legal system and right to due process of law is the envy of the world. However, it and most all other similar legal systems are based on the notion a person will not lie under oath or penalty of perjury (which is a crime). Unfortunately, no system is fool proof and a few people who seek and obtain a protective order do so for illicit or tactical reasons—namely for their benefit not because they have been “victims” as the law anticipates. For this reason, it is important to understand that if you are wrongfully ...
April 9, 2015Adam Hayes
Recently, in our neighboring state of Michigan to the north, proposed some new legislation that could have a significant impact on the future of all domestic law cases, and could pose a trend in thinking, moving away from the norm “best interests analysis.” Currently, in Indiana, the trial court is directed to determine which parent should have physical and legal custody; sole, primary, or joint, when there is a contested custody dispute arising from either a Paternity action (child born outside of a marriage) or a Dissolution action (divorce). There are 8 factors and Indiana court will consider, things such as ...
May 1, 2014CD
As family law matters progress, one of the first issues to be determined by the parties is parenting time/custody. In some instances, the parties can agree to or are ordered to have joint physical custody. Other times, one parent is granted sole physical custody pursuant to the other parent’s parenting time. Parenting time is often granted, at a minimum, pursuant to the Indiana Parenting Time Guidelines (IPTGs)1. Generally, for older children, this includes midweek parenting time for a few hours and every other weekend for the parent exercising parenting time. The IPTGs are considered a minimum of parenting time, and if ...
October 1, 2013CD
The laws of the state of Indiana give parents a great deal of latitude in the raising of their child(ren). In fact, the United States Constitution contains the fundamental right for biological parents–above others--to raise their children as they see fit: whatever their religion, morals, and values may be1. To third parties and outsiders, this is sometimes very hard to accept if they believe they could better parent. However, this fundamental right is not a blanket exception for parents to be neglectful or cause physical or mental harm to their children. Where the parents are divorced, there are a number of ...
March 29, 2012CD