The Attorneys at Dixon & Moseley, P.C.
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Quick Answer There is no single checklist that automatically makes a parent "unfit" under Indiana law. In custody disputes, Indiana courts focus on the best interests of the child rather than applying a rigid definition of parental fitness. However, conduct that...
A Child Development Perspective on Co-Parenting During the Memorial Day Holiday as Divorced Parents Navigating holidays can be a delicate task for divorced parents, especially when it comes to Memorial Day, a time of remembrance and family gatherings. As legal professionals, we understand the importance of prioritizing children’s well-being in such situations. In this blog post, we’ll explore strategies and…
As we all know, life happens, and circumstances change. That custody order you once had may seem to become impractical as time goes on. Maybe you moved to Indiana to be closer to your child and now you want more time. Or maybe you were once on hard times but now feel you are able to offer your child more…
A common question we hear from clients and prospective appellate is “what are my chances of winning an appeal?” Unfortunately, there is no hard and fast answer to that question due to the fact-sensitive nature of the appellate process. However, there are some general rules and considerations a person can keep in mind when weighing their chances of success on…
When a family experiences divorce, the process will include many important – and, indeed, life-changing – decisions. Some of these decisions can often be made amicably between the divorcing spouses; others must be made by a judge. But no decision is more important than that of child custody. In a best-case scenario, the divorcing parents will agree on a custody…
Indiana divorce courts and judges operate under one critical presumption and one legal imperative. The presumption is that – in most cases – a minor child of the marriage benefits from spending significant time with both parents. This leads to a baseline presumption that joint custody – legal, physical, or both – is the best arrangement. Again, this is the…
Child custody in Indiana can take several forms. These include legal custody, sole custody, and joint or shared custody. Which child custody arrangement is most common? More importantly, how does an Indiana judge determine which child custody arrangement is appropriate? For starters, judges follow a mandate to order child custody arrangements that serve the best interests of the child. They…
Child custody can be a complex and sometimes contentious matter. And in today’s mobile society where remote working is increasingly available to many, it is not unusual for divorced parents of minor children to reside in different states. When establishing, or resolving disputes concerning interstate child custody, the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA, governs most cases.…
It’s true that awarding full custody to the mother used to be more likely – with “maternal presumption” and “tender years presumption” laws formerly in effect. But that was then and this is now. Today, in Indiana, each parent begins with essentially equal opportunities to win custody. Nevertheless, if you are a father seeking to gain custody in a divorce,…
Who is awarded child custody when parents live in different states? As child custody lawyers know, many factors can come into play. Even though courts act in the best interests of the child in custody matters, custody in different states is not always awarded by the same sets of court rules. Nonetheless, there are important common considerations to know upfront.…