How Does a Court Determine Custody and Visitation Rights in Indiana?
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, […]
What Documents Should I Gather up to Take to Counsel (I Am Going to Retain) To Seek to Modify Physical Custody of My Children in Indiana?
Child custody can always be modified if a party can show a substantial change in circumstances and that it is in the children’s best interests to modify custody.1 While litigants often know witnesses like teachers and neighbors that can testify about what they see and observe going on with the children, they do not as […]
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?
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 […]
My Divorce (Or Paternity) Trial or Final Hearing Is Coming Up. What Do I Need to Know About Trial Objections in Indiana?
Trials are dynamic and the trial strategy changes as the case unfolds. As it relates to the specifics of trial objections, most litigants have watched court television or cable (or live streamed) programs where the attorneys are constantly making fiery objections during trial. This rarely occurs in actual courts. In some cases, there is no […]
Can a Judge Really Order Me Not to Talk About My Case in Indiana?
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?
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 […]
What Is a Qualified Domestic Relations Order in Indiana, and What Do I Need to Know About It for My Divorce Case?
A qualified domestic relations Order (QDRO) is recognized by the Internal Revenue Service as the proper legal tool for dividing “qualified” retirement accounts. Although there are fewer companies today offering any retirement benefits, when a qualified plan exists in a divorce, it may be divided by the court between the parties under the one-pot marital […]
As a Non-custodial Parent, Do I Receive a Ten Percent (10%) ‘Visitation Credit’ and Fifty Percent (50%) Reduction in Support During Summer Parenting Time in Indiana?
As a threshold matter, the driving purpose behind child support is to provide a standard level of support for the child(ren). Obviously, this is dependent on the parent’s professions, ability to earn money, prior-born children of other relationships, and a variety of other factors. Academics, economists, and courts are always looking for ways to better […]
What Do I Look For in Hiring an Indiana Attorney to Handle a High-Conflict Custody Case?
All attorneys admitted to the Indiana Bar by the Indiana Supreme Court can practice domestic law and many do, as well as in most any other areas of law.1 However, divorce and paternity law are as much as court of law as courts of equity,2 unlike other areas of civil law where the case boils […]