What Can an Indiana Divorce Court Do About My Spouse’s Mental Health And/or Substance Abuse Issues and How It Negatively Impacts Our Children?
The short answer is “a lot.” Anecdotal and actual early statistics show an exponential increase in mental health and substance abuse issues that appears to all correspond with the new way of life that started in March 2020 in the United States (and the world)—when Covid was first mainstream news followed by lockdowns. This blog […]
What Is Legal Versus Lawful Custody in Indiana?
The terms “legal custody” and “lawful custody” are often used interchangeably among non-lawyers. However, they have very different legal meanings you should understand. Both types of custody are “lawful custody” parents gain by virtue of having children (or adopting them). It is automatic. “Legal custody” only comes into play in a divorce (or paternity) case. […]
Why Are Legal Appeals So Difficult to Win in Indiana?
With domestic cases, the appellate courts give great discretion and deference to the trial court judge to determine how much weight to assign to a particular witness or piece of evidence. This is because the parent or other witnesses, such as a guardian ad litem, are live in the courtroom and the judge can see […]
How Do I Find an Indiana Attorney to Take Over a High-Conflict Custody Case?
High-conflict custody cases often involve complex issues, many court filings, and sometimes several attorneys. Taking over one of these cases can be a high stakes game of catch-up for both you and the attorney you hire. That requires additional time and more skill than coming in at the beginning of a custody case. This blog […]
Can an Appellate Court’s Decision Be Appealed in Indiana?
It can be devastating to lose some or all issues in a domestic trial, and then appeal expecting the errors you allege to be corrected by reversal on appeal. Insult is added to injury if the Court of Appeals of Indiana affirms the trial court based on your legal arguments. In situations where this happens, […]
What Is the Reason to Ask the Court of Appeals of Indiana or the Indiana Supreme Court to Grant Rehearing and Reconsider Its Decision?
In high-stakes custody (and property) litigation, which is what most domestic cases boil down to, particularly those with children, a loss in the Court of appeals, denial of rehearing, and/or a subsequent loss in the Supreme Court or any combination of these can be devastating. In the era of e-filing in Indiana, a new phenomenon […]
What Is the Difference Between a No-Contact Order and a Civil Protection Order in Indiana? Can Both Come Into Play in a Divorce Case?
In complex child custody litigation, there are often multiple companion cases to the domestic divorce (or paternity), which may include, but is not limited to, an investigation by the Indiana Department of Child Services, criminal action (typically against the father, but not always), and/or order or request for an order under the Indiana Civil Order […]
If I Quit My Job, Can I Avoid Paying Child Support in Indiana?
While child support in Indiana is based on weekly gross income, quitting your job is not a good way to reduce or avoid your child support payments. The Indiana Child Support Rules and Guidelines control child support determinations, orders, and possible violation of those orders when quitting your job or getting a new one. This […]
Do I Have to Notify My Ex if I Plan to Travel Out of the Area with the Children?
The Indiana Parenting Time Rules and Guidelines and its commentary are helpful to parents (and attorneys) in determining, with more or less precision, what is required in any given parenting time situation. However, the Guidelines and commentary are relatively ambiguous when it comes to notifying the other parent if you plan to travel out of […]
What Is a Child Custody Evaluation, and Do I Need One in My Custody Case in Indiana?
A child custody evaluation is where a clinical psychologist interviews the parents and those involved in the children’s care, conducts psychological testing, and gathers collateral data relevant from the matter. With this, the clinical psychologist prepares a report—and recommends from a clinical psychologist’s standpoint what physical, legal, and parenting time schedule is in the children’s […]