One tool frequently used in a paternity or divorce, or post-paternity or divorce or custody modification, is requesting a custody/parenting time evaluation. An evaluation is helpful for many reasons. Globally, it is a tool used to allow a mental health professional to observe the parent-child relationship from a neutral, third-party position, and evaluate the family dynamic and make recommendations to the trial court what custody and parent time arrangement is in the child’s best interests. This third party evaluator often refers to other materials and statements of third parties to assemble a complete “family snapshot” with evidence that would otherwise be difficult ...
July 24, 2012CD
How Mental Health May Factor into the Legal Mix The ability to raise one’s children the way one sees fit is a fundamental, constitutional right. However, all rights, even those guaranteed by the United States Constitution, have more or less obvious boundaries. Stated differently, no right is unconditional. For example and related to this blog post, children must be educated and live in a healthy and safe home. The issue of a parent with mental health diagnoses, and his or her ability to parent, is a complex medico-legal question and difficult one in any situation. This requires a case-by-case analysis. Some mental ...
June 28, 2012CD
Parenting is a personal matter, with each family operating a little bit differently. Some families have a stricter disciplinary parenting style, while others are much more relaxed. Parents are given the general freedom to raise their children the way they see proper and fit. However, there are exceptions to encourage the mental and physical safety of children. Indiana law provides for protection of children through a number of statutes. There are child support statutes to ensure that children whose parents are separated are provided for financially. There are education statutes, requiring the education of children at an appropriate level. There are ...
June 19, 2012CD
Having legal problems can affect many aspects of your life. It may be affecting your family and other relationships, your housing, and your finances. Hiring an attorney is often the best way to advocate for your position. However, attorneys are expensive because of the level of training and skill they have to have to run a successful law practice, and they generally charge by the hour, making time an important factor. And problems that took years to make sometimes take time–a lot of time–to untangle two lives that have been woven together over the years. So, how can you, as the client, ...
May 22, 2012CD
For readers of our blog posts, the educational focus of our articles is not new: each blog is aimed at giving each and every reader a new insight into the wonder of the American legal system. While it is easy to hone in on its sometimes glaring shortfalls, we live in a free, safe, and thriving society where our money is safe in banks, most disputes are not settled by bloodshed, and our clan does not set our future. The rule of law prevails because of our dedicated judges and attorneys. Listen to the daily world news and you will see ...
March 1, 2012CD
Unlike trials where a judge receives information at many levels, in writing, by testimony, and through body language, and, importantly, the interaction all have with each other, appeals are based on flat and cold records (transcript of word-for-word proceedings and exhibits admitted). Thus, the sole means the Indiana Court of Appeals, Supreme Court, or any other appellate court reviews the case is in writing (although sometimes there are oral arguments). Writing ability is thus important. At Ciyou & Dixon, P.C., we believe a hallmark of a good appellate brief is a client reading it and believing it tells his or her ...
November 17, 2011CD
Over the last several years, civil mediation has ‘caught on’ and has become the way almost all state-court legal disputes that would have been decided by a jury are now settled. A large number of cases that would ordinarily be decided by an Indiana trial court judge are also resolved in mediation under the watchful guidance of judges in the case and the attorneys that practice before them. At a basic level, Ciyou & Dixon, P.C. attorneys observe most litigants have a general idea of what mediation is all about and desire it–a chance to resolve the case sooner with a better ...
October 4, 2011CD
A common concern we see as advocates for domestic clients is what happens in the time, sometimes substantial time, between a divorce filing and a divorce. Where children are involved, post-divorce matters may, unfortunately, drag on for years. Often Ciyou & Dixon, P.C. counsel face the indirect or direct question of how to live with the proceedings–uncertainty. There are no sure, fast or simple answers to live with this or any other of life’s burden, such as a tax audit or criminal investigation. “Worry” is a normal aspect of life. However, there are four (4) tried and true ways techniques we ...
September 22, 2011CD
One in two marriages ends in divorce. Approximately 40,000 divorces were filed in Indiana last year. Human nature causes all of us to question our marriages from time to time: We only see the public side of the other couples, or what they want us to see; it is easy to think everyone else has it better. As an Indianapolis divorce firm, we know that this is not true. All relationships worth having have rough patches. If they didn’t, you wouldn’t be a couple because the key is to see the good in the other in the worst of times. Problems ...
April 5, 2011CD
You can save yourself money, help an attorney learn about your unique case, and make the process go faster and smoother by gathering some basic documents before you have an initial consultation with a divorce attorney. In addition, these items have a unique way of “disappearing” at the time they are needed, so it is best to gather them up and make a copy in advance. The most commonly needed documents are as follows: 3 years of tax returns. 6 pay stubs for both parties. Most recent bank statement. Most recent credit card statement. All debts, such as medical bills and student loans. Most recent mortgage statement. Most ...
April 4, 2011CD