Can Physical Custody Be Modified After It Is Initially Established by the Court in a Paternity Case?
The short answer is YES. Physical custody can be modified after it is initially established by the court in paternity cases. However, a custody modification uses a stricter standard than an initial determination. This blog discusses custody modification standards, requirements, and statutes in paternity cases. There are a couple of different statutes governing child custody […]
Navigating Child Custody Disputes in Indianapolis
Disagreements over child rearing issues are oftentimes the main reason divorcing spouses or separating parents cannot reach a custody agreement or find themselves back in court once a custody order has been issued. Many of these disputes can be resolved without intervention of the court, or before any controversy even arises. This blog explores navigating […]
Preparing for Child Custody Court Proceedings
There are many things that you might need to do between the first meeting with your attorney and the start of child custody court proceedings. Much of the preparation will likely be centered around evidence management and discovery. Negotiations between your attorney and your child’s parent’s attorney may also continue, even if it becomes evident […]
Understanding Alimony Laws in Indiana
Indiana law does not provide for the payment of alimony as many are familiar with it. Instead, it recognizes spousal maintenance, which in this state is very different than the alimony payments you may have seen depicted on television. First, there are very narrowly defined circumstances under which a party may be entitled to receive […]
Sole Custody vs. Joint Custody: Which is Right for You?
Many parents talk about sole custody, usually referencing physical custody of the child. However in Indiana, the term sole custody is no longer used to describe physical custody arrangements. Knowing the different types of custody and the correct terminology is important in any discussion about child custody. This blog explores sole vs. joint custody and […]
What Are the Restrictions on a Custodial Parent Relocating With the Children?
When a custodial parent moves, it can disrupt the relationship between the non-custodial parent and the children. The current parenting time order may no longer work if the move involves much distance. There is comprehensive statutory section of codes covering relocations. This blog explores a custodial parent’s restrictions and/or limitations on relocating with the child […]
Post-Divorce Life in Indiana: Adjusting to New Custody Arrangements
Adjusting to a new custody arrangement can be difficult particularly when attempting to settle into a new life and possibly a new home at the same time. There are a few things that you can do, however, to make the transition easier for both you and your child. This blog explores post-divorce life in Indiana […]
Indiana Child Custody Evaluations: What to Expect
Custody evaluations are conducted by clinical psychologists or psychiatrists upon the motion of one of the parties to a custody dispute, or on the courts own motion. After completing an evaluation, the evaluator files a report with the court describing their findings and recommendations for custody arrangements. The evaluator may also testify at hearing as […]
A Closer Look at Appellate Practice in Indiana: Key Considerations
Appellate practice is a specialized area of the law that requires very different skills than trial practice. While trial lawyers must focus on the facts and how they can apply them to fit their theory of the case, appellate attorneys must concentrate on the law and how it was applied or misapplied to the facts […]
The Best Interests of the Child: What Judges Look for
Custody and parenting time determinations in all states is now based on the best interests of the child. Indiana has statutes enumerating the factors the court should consider when determining the best interests of the child in different situations. These statues also allow the court to consider any other factor that may be relevant to […]
