Parental Rights: Navigating Relocation After Divorce in Indiana
Whether you are the parent wishing to relocate or your child’s other parent wishes to do so, relocation after divorce in Indiana can be complicated. Once a child custody order has been issued, relocation of any party with custody, parenting time, or grandparent visitation rights, or seeking such rights, requires notice to all interested parties […]
The Process of Changing Child Custody in Indiana: What You Should Know
Obtaining a modification of a child custody order in Indiana can be more difficult than gaining custody in an original order. Parents attempting to modify custody should know what factors the court will consider in a modification and what evidence might be inadmissible at hearing. This blog discusses the process of changing child custody in […]
Understanding the Role of the Indiana Court of Appeals in Your Case
Either party may appeal all or part of a decision in a family law case. Many appellants, or those who initiate an appeal, however, become frustrated with the process, as they do not fully understand the role of the Indiana Court of Appeals in their case. This blog explains the difference between a divorce, or […]
What is an Emergency Custody Hearing?
In custody cases, an emergency custody hearing is held when a non-custodial parent (or sometimes a third party) files a petition stating that custody should be modified, and that some emergency exists which requires that a hearing be held immediately. This blog examines how Indiana courts define “emergency” as it pertains to child custody cases […]
Navigating High Net Worth Divorce in Indiana
Navigating divorce is never easy, but high net worth divorces can be quite a bit more complex and difficult to see your way through. The critical issue will be the division of the marital assets. This blog examines navigating high net worth divorce in Indiana and some ways to make the process less stressful and […]
How to Prepare for Your Divorce Consultation in Indiana
Preparing for a divorce consultation in Indiana may not be as easy as it sounds. Because attorney’s charge by the hour, even if the initial consultation is free, providing him or her with only relevant facts and information can save them time, and later, you money. This blog discusses how to prepare for your divorce […]
How Do I Know if I Have a High-Conflict Custody Case, and if so, What Can I Do About It?
Custody cases can be either uncontested or contested. In uncontested custody cases, both parties agree on all issues, namely physical custody, child support and legal custody. In contested custody cases, the parties are unable to agree on one or more issues. Contested custody cases range from mild disagreement on one or two issues to conflict […]
What is the Statutory Presumption for a Property Division?
Property division in a divorce has the potential to turn the courtroom into a battleground. Understanding the statutory presumption for property division and how that presumption can be rebutted can help eliminate some of the areas of contention when dividing marital property. This blog discusses Indiana’s marital property division laws and the statutory presumptions for […]
What Happens if No Appellee’s Brief is Filed in the Court of Appeals of Indiana in Response to the Brief of the Appellant?
Appeals involve very technical rules. This is not surprising as the Court of Appeals of Indiana receives appeals from all trial courts in Indiana’s ninety-two (92) counties. Thus, if the rules were not precise and varied from court to court or county to county, the appellate process would become bogged down as the judges on […]
Joint vs Sole Custody in Indiana: Key Differences Explained
The terms joint and sole custody are frequently used by parties in a custody case, but what do they really mean? In Indiana, there are two types of custody, physical and legal. Both joint and sole custody are used to refer to legal, not physical custody, however, many use the terms when discussing physical custody. […]