The Attorneys at Dixon & Moseley, P.C.
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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…
With a divorce, the trial court loses jurisdiction over property issues thirty (30) days after the final order is entered.1 It is a whole different story with children. The trial court has continuing jurisdiction over the children of the marriage until each child turns nineteen (19) years of age or is emancipated, whichever comes first.2 This jurisdiction covers child support,…
How does a judge determine the best child custody arrangement when each party in the divorce might have different views of what that means? Simply put, there are child custody guidelines judges work from when setting custody and visitation arrangements. Let’s look at some of the crucial parameters and consider how a typical child custody schedule for Indiana families is…
Child custody proceedings tend to be confusing and emotional times. Whether it be an initial custody proceeding or a modification of a pre-existing custody order, the process always seems to be draining on all involved parties. A lot of this can be attributed to the confusion surrounding initial custody determinations. However, you can relieve some of the emotional burdens by…
For Hoosiers involved in paternity, divorce litigation, or who will be filing and litigating such a case, likely through counsel, it is important to understand Indiana’s custody and visitation laws. The place to start is understanding there at two (2) type of custody. The first is physical custody. This relates to where the child(ren) will sleep and night—which parent has…
“I want to appeal!” is a statement we hear often. However, many individual’s knowledge of appeals is very limited. This is understandable as the appeals process can be a long and confusing one, even for attorneys. When it comes to civil appeals, the Indiana Rules of Appellate Procedure provides a party with the right to appeal a final judgment.1 But…
As we all know, life happens, and circumstances change. That custody order you once had may seem to become impractical as time goes on. Fortunately, Indiana has established a specific statutory code to deal with the modification of custody. But, what happens if an emergency arises and you need to file for emergency custody of your child? Is this possible?…
What are emergency child custody hearings? What qualifies as an emergency custody matter? What constitutes an emergency motion? What forms do I need to modify child custody in Indiana? What is substantial change in circumstances for custody? What actions qualify for emergency relief? When to hire an attorney for custody? Legal battles or litigation are brought to decide matters between…