Within divorce and custody proceedings, often neither parent feels that they have received enough parenting time with the child. Under the Indiana Parenting Time Guidelines, generally, for a non-custodial parent (one without primary physical custody) of a school-age child who lives in close proximity to the custodial parent receives weekly parenting time, at a minimum, of one evening per week and every other weekend1. The situation becomes more complicated when a grandparent seeks time with the child. This situation occurs most often when a non-custodial parent does not exercise parenting time, or is unable to do so for various reasons, and ...
August 7, 2012CD
The dynamics of what constitutes a “family” have been rapidly changing over the past several decades. What used to be considered family with a mother, father, and two children is no longer the norm, in many cases. Often, families now include step-parents, grandparents, half siblings, etc. This changing make-up of the family unit has led to more complex custody and visitation cases. As advocates at Ciyou & Dixon, P.C., we often see extended family members or sometimes even unrelated parties who have cared for a child, physically and financially, for a lengthy period of time have the child suddenly taken back ...
May 8, 2012CD
A concept Ciyou & Dixon, P.C. attorneys sometimes observe clients (fathers) struggle with is grasping that law reflects the social policy of the day in action (With this blog topic in the present time, it is the perception or expectation or reality that mothers are better suited for the role as custodial parents and do obtain awards of physical custody on a more frequent basis). Most often, however, courts are tasked with enforcing the laws, not judicially re-writing them in any given society at any given time. The most known, and obvious, exception is where a law crosses a constitutional threshold ...
December 20, 2011CD
Parenting Coordinator questions are frequently asked of Ciyou & Dixon, P.C. attorneys. To understand the answers, some history of custody and visitation (now called parenting time) is in order. Less than 20 years ago, one parent was awarded physical custody by the trial court, and the other visitation. Most courts (in all counties) merely followed the Marion County Visitation Guidelines. The non-custodial parent had regular visitation one night during the week and overnights on alternating weekends. Ultimately, the social, psychological and legal experience demonstrated that this was not optimal. Children of different ages had different needs, as did their respective parents ...
April 5, 2011CD
At Ciyou & Dixon, P.C., we see the sharpest divides between mothers and fathers over the trend toward joint physical custody. It is true that some fathers want precisely equal time in physical custody because the number of overnights is indexed to child support. And a small percentage of mothers do not believe that fathers are capable of ever being competent caregivers; even if a father could be, some mothers believe it is their God-given right to physical custody because they gave birth to the children. We do not think these extremes properly focus the issue, at least from a legal perspective. Human ...
April 5, 2011CD