The Indiana Supreme Court has adopted the Indiana Parenting Time Guidelines as a tool to assist with developing a plan for “frequent, meaningful and continuing contact with each parent”, with the first Guidelines going into effect on March 31, 2001. Since the initial Indiana Parenting Time Guidelines were adopted and became effective in 2001, they have been reviewed and revised on two occasions, which became effective January 1, 2008, and March 1, 2013. Prior to the implementation of Indiana Parenting Time Guidelines (IPTG), some individual counties made their own parenting time guidelines, which they incorporated into their orders for parenting time ...
February 18, 2014CD
Family and domestic law cases, including divorce and paternity are civil cases. There are no criminal charges, and the case is heard by the bench (judge), not a jury. In some Indiana counties, there are separate civil and criminal courts. In other counties, both types of cases are heard in the same court. For the most part, the realms of family law and criminal law do not generally and frequently overlap. However, there are instances when criminal law becomes intertwined in a family law matter. Criminal law can become an issue in family law matters if there is domestic violence, abuse ...
February 6, 2014CD
Now that the holidays are over, and winter is upon us, inclement weather can unexpectedly cause travel problems and get in the way of normal parenting time exchanges. If the recent storms in Indiana have taught us anything, it is to be prepared for bad weather that can cause schools, work, and all travel to be canceled. If you are ordered to follow the Indiana Parenting Time Guidelines (or if you have some other parenting time arrangement, the IPTG can serve as a good guide to what the court is likely to consider exceptions to normal parenting time), the Guidelines state ...
January 14, 2014CD
As discussed in part one, with divorce, the impact on children permeates several areas of their lives, and can often be as traumatic, if not more, on children as on the adults. One major area of change and upheaval is a child’s routine. With divorce, there are suddenly different and more routines to manage. Parents must balance their parenting time and the parenting time of the other parent. Children must adapt to different routines, and adjust their time according to the household they are in. 1. School School is a common area of a child’s routine that may change drastically after a divorce. ...
December 3, 2013CD
With respect to divorce actions and paternity actions, a court must determine which parent or both should have both legal and physical custody of a child, or children. Physical custody involves where the child sleeps the majority of the time (which parent the child is living with primarily and physically with). Legal custody is generally defined as decision-making regarding the main issues of education, medical issues, and religion of the Child.1 The parents can agree to which parent (or both) have legal and/or physical custody, or if the parents cannot agree, a court will decide. Legal and physical custody can be ...
November 14, 2013CD
When a child is born to a married couple, it may seem ridiculous to ask the question, who is the daddy? But, sometimes, this may not be a ridiculous question after all. Most all divorce petitions and decrees include the names and ages of the children born of the marriage (if under 21), but also include the statement “Wife is not now pregnant.”1 Some may wonder why this is important to state? Whenever a couple divorces, if there are minor children involved, the court must address the issues of custody, parenting time and child support. Thus, if the Wife is pregnant ...
November 7, 2013CD
How Missteps Can Cost You Your Case Appeals are difficult and time consuming for both clients and attorneys–and the Indiana appellate courts who decide them in a very efficient manner (the Indiana Court of Appeals is one of the fastest appellate courts in the United States). Clients with a final order from the lower court looking for a reconsideration by an alleged error of fact and/or law sometimes appeal. However, the appellate process is much more rigid and rule-driven than the trial court process, which is inherently disjointed because the problems of life are messy and Indiana’s trial courts get these cases ...
May 3, 2012CD
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
Every attorney-client relationship and case share similarities. With divorce, this is no less the case. However, Ciyou & Dixon, P.C. attorneys observe divorces are often based on or laced with non-legal matters, such as the sense of loss of the marriage and fear of an unknown future. Or pure rage. Attorneys are all over the board on how they handle non-legal matters. Some, as with a horse with blinders, leave these components to therapists or the religious establishment to deal with. Other attorneys completely identify with their clients and take on their emotional state. Most fall somewhere in between lawyer and ...
October 25, 2011CD
One of the remarkable aspects of law, somewhat unlike medicine where insurance requirements often dictates medical care providers, is the ability to choose your legal counsel of choice. Selecting competent counsel in your legal area is but a starting point. There are many other variables that might merit consideration. Why? Most often, a legal matter involves an actual present or future potential conflict. This can have profound financial consequences (such as for a business client) to the loss of liberty (for a criminal client). Thus, prevailing, or failing to do so, should be backstopped by a confidence in legal counsel. At Ciyou ...
August 2, 2011CD