What Are the Major Decisions in Joint Custody in Indiana?

What Are the Major Decisions in Joint Custody

In Indiana, there are types of custody. The first is physical custody. Most parents have a general understanding of physical custody as it relates to where the children will primarily reside (and sleep at night). The parent who does not receive physical custody will receive Indiana Parenting Time Guideline time at a minimum. This noted, […]

What Are a Father’s Child Custody and Visitation Rights in Indiana

At the founding of America, women and children were the de facto property of their husbands. As time went on, law evolved (women got the right to vote) and psychology evolved. At that time, the tender years presumption worked its way into the law. Under this presumption, it favored mothers in custody cases and having […]

How Does a Court Determine Custody and Visitation Rights in Indiana?

How Does a Court Determine Custody and Visitation Rights?

Child custody litigation constitutes a significant amount of all civil litigation in Indiana. The major difference between domestic litigation and the balance of civil litigation in Indiana is the remedy—money (which is the normal case). A personal injury case is one common example of civil litigation where money sought is the remedy. Unfortunately, with divorce, […]

We Cannot Survive Until the Final Hearing in Our Paternity or Divorce Case to Establish Custody and Child Support. We Fight About Everything All of the Time. What Do We Do?

We Cannot Survive Until the Final Hearing in Our Paternity or Divorce Case to Establish Custody and Child Support. We Fight About Everything All of the Time. What Do We Do?

In many divorce or paternity cases, it may be several weeks or months before a final hearing is set to decide child custody,1 parenting time, and child support, along with any other issues in the case, such as property division in divorce cases. Many parents simply cannot agree amongst themselves and/or through counsel as to […]

How Do I File an Appeal in Indiana?

How Do I File an Appeal in Indiana?

The appellate process is much different than anything a litigant has experienced in trial court proceedings. While there are many orders1 made during the course of litigation, only final orders as to all issues can be appealed. With criminal cases, this is at the time of sentencing. In divorce cases, the order is final when […]

Can a Judge Really Order Me Not to Talk About My Case in Indiana?

Can a Judge Really Order Me Not to Talk About My Case?

In domestic cases, it is somewhat common for one party to allege the other is trying to alienate the children by saying negative things about them. Normally, one party maintains they have heard (usually through the hearsay statements of the children, but not always) the other parent say negative things about the other (mother or […]

What Do I Do if My Attorney Objects to a Question Asked of Me?

What Do I Do if My Attorney Objects to a Question Asked of Me?

Objections can be made to questions asked of witnesses in order to prevent testimony from being heard and to protect the record in case of an appeal. Common objections in family law include lack of relevance, calls for speculation, lack of foundation, beyond the scope, and asked and answered. Simply put, your spouse’s attorney is […]