The Indiana Parenting Time Guidelines are presumed to apply to every custody case (paternity or divorce). These Guidelines presume one parent will have primary physical custody and the other will have overnight parenting time. Typically, for a child above three (3) years of age, this is one night during the week, every other weekend, alternating holidays, and half of the summer. However, the national trend toward joint parenting time or joint custody has resulted in court routinely extending the mid-week night to overnight if the parties agree or the evidence shows it is in the child’s best interests. However, there ...
December 5, 2018CD
In the digital age, the era of endless activities for even the youngest children that didn’t exist in easier times, given about half of all marriages end in divorce, even parents who remain together have time carving out true quality (interactive) time with their children. This blog goes back to basics to provide three simple tips that almost seem forgotten for parents to have quality time with their children. Maybe all parents have always been busy and have struggled to find a life balance where both parents worked. However, today adults and children alike are “tied” (in some cases literally addicted) ...
October 22, 2018CD
Under the Divorce Act, the Legislature vests trial courts with great discretion to divide the marital estate in a just and equal manner. One consideration in any divorce is the award of statutory rehabilitation maintenance. Rehabilitation maintenance1 is much narrower than alimony in many states because it only allows a trial court to award such for up to three (3) years when a spouse needs extra support while obtaining employment-related education or training. There are four (4) considerations the trial court considers in making such an award: The educational level of each spouse at the time of marriage and at the time ...
October 31, 2017CD
Over the last two decades, social and psychological science research, and an ever-changing view of what constitutes a “family” and who and how work is done by parents, has shifted the view of custody. Not that long ago, women were de facto awarded custody on divorce and father’s obtained “visitation.” Now the importance of frequent contact with both parents has been validated, and the non-custodial parent is awarded “parenting time.” This reinforces the concept of shared parenting. This blog post explores some of the more common parenting orders of custody reached by agreement or after a trial. The first is joint time ...
May 24, 2016Adam Hayes
In every disputed custody case, the difficult decision facing the judge is who should have custody of the children and what parenting time the non-custodial parent should receive. The trend between litigants is seeking something close to equal time with the children. Whatever your objective, there are simple tips you can used to help your case for custody. First, don’t be the parent who makes an issue out of everyday and normal deviations in parenting time a “war.” Under best interest standard, a judge considers who will do the most to facilitate the other parent’s time and help him or her ...
December 1, 2015Adam Hayes
For many father’s who seek joint or primary custody, there is the belief that they are predisposed to an outcome. However, Indiana’s divorce statute is gender neutral and father’s are prevailing on custody claims in Indiana courts who focus on the children’s best interests. To make your best case, here at four tips. Perception is reality. Many, if not most, father’s today have work schedules that are more conducive to sharing custody, working from home, flexible hours, and the like. However, if you go into your case with the notion father’s are not on equal footing with mother’s it is a ...
November 4, 2015Adam Hayes
In each state, in Indiana and across the nation, there has been an acute focus over the last several years on Father’s rights to custody of their children. Law is slow to change and remnants of the “tender years presumption” continued pushing father’s rights groups harder. The tender years presumption is a older legal policy that children of a young or tender year should be in the care and custody of their mother in a divorce. There are five key aspects of father’s rights, namely a father obtaining custody of his children in a divorce or paternity case, set into the ...
October 1, 2015Adam Hayes
For lawyers and judges, the attorney client privilege, legal privilege and work product doctrines are a defining part of the American legal system. However, we often observe litigants (clients) do not fully understand what these mean. We believe a better educated a client is about the legal system, the better they are able to aid their attorney in advocating their case to their legal objective. This blog post highlights these three related, but distinct, legal tools. The attorney-client confidence is really basically what is seems to indicate. What you tell your attorney, with very limited exceptions, such as relaying your plan ...
August 18, 2015Adam Hayes
Relocation is a legal issue the custodial parent (although it does apply to non-custodial parents) often present Ciyou & Dixon, P.C. attorneys. Relocation is sometimes a financial necessity for work. Most adults no longer have a job for life, and custody relocation is often necessary to maintain or advance employment opportunities. Usually, there are other reasons associated with the desire to move, such as one parent has family in another state or a significant other. However, relocation is not a simple task in divorce and paternity matters, and these latter factors can obscure the case. There is the child and his/her ...
April 17, 2012CD
Even in a down economy and exponential change in everything in every facet of life with technology and globalization, purchasing a home is still a key part of the American dream. Everything happens quickly in the electronic age, and the purchase of a home is no exception. However, given it will take 20 to 30 years to pay a home off, the process should not be rushed. There are a lot considerations that should not be lost in the rush. At Ciyou & Dixon, P.C., we believe a rush to purchase is laden with risk. Avoiding legal dispute at a later ...
May 31, 2011CD