The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In Indiana, there are several types of child custody, including legal and physical, joint, primary, and sole; of these, sole custody (also known as full custody) can be the most difficult to obtain. Because the court approaches child custody cases with a presumption that both parents have equal rights and responsibilities for raising the child, grounds for full custody must…
We receive questions all the time from clients and prospective clients regarding divorce settlements and what is considered “fair divorce settlement.” Unfortunately, there is no quick and straightforward answer to that question. The division of property in Indiana depends greatly on the facts and circumstances of each case. As such, determining what is a fair divorce settlement will ultimately turn…
Anyone who has ever been through a divorce will tell you it is hard. Not only is it an emotional time, but also extremely stressful due to the confusion and uncertainty many experience. One of the last things you want to think about upon getting divorced is revising your estate plan, and this is completely understandable. However, once your divorce…
The use of false allegations or statements made against individuals by ex-spouses has become more and more common in recent years. Unfortunately, this trend does not seem to be going away any time soon. This leaves many individuals feeling lost, wondering “how can I defend myself against all the false statements my ex has put in court filings?” In this…
When it comes to tax planning for divorce, the rules and ramifications for divorcing couples frequently change. Case in point: President Biden’s proposed new individual income tax plan which is included in the American Families Plan. The plan, if and when enacted, could significantly impact divorce and tax plan considerations, so it pays to be aware and be prepared. Here’s…
One question we often receive from clients and prospective clients is “how many cases are overturned on appeal?” Unfortunately, the answer to that question depends on the type of case you are appealing. Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with…
Estate planning during divorce might not be among your top concerns during all the stress, decision making, and adapting to a post-marriage “new normal.” Nonetheless, divorce and estate planning are inevitably linked and demand the due diligence of divorcing spouses to ensure key documents are updated. Those essential papers include wills and trusts, powers of attorney, and retirement account documents.…
Table of Contents What Is the Modification of an Existing Child Custody Order? Physical Relocation of a Parent Common Issues When Modifying Custody Reasons a Judge Will Change a Child Custody Order Evidence That You Meet Requirements for a Change in Custody Potential Pitfalls of Handling Your Case Outside of Court The Other Party’s Options to a Modification Order Do…
Child custody arrangements vary widely between divorced couples (or those who have children born out of wedlock) and are decided by a court based on what is in the children’s best interests. Where the battle lines are typically drawn between the litigants is who gets “residential custody” of the children. Although the specific term “residential custody” is not found in…
While most people who intend to divorce or are divorcing in an Indiana trial court with children have a general sense that the court must determine custody, few have an adequate understanding of the components of child custody. There is physical custody and parenting time as well as legal custody. Physical and legal custody may be divided equally between the…