The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
During divorce, or paternity, the issue of child custody comes up. Which parent (or in some cases a third party known as a de facto custodian, which is discussed in other blog posts), should have custody of the child. But what does “custody” actually mean? Many people may not realize that there are actually two (2) types of custody, physical…
In domestic law and litigation, the majority of decisions and findings are based on what is in the best interests of the child(ren)1. For example, in determining initial custody or whether to modify custody, the best interests of the child are paramount and the state statutes defining the elements/information to be reviewed use the language of “best interests”2. But what…
The newly revised Indiana Parenting Time Guidelines (herein, “IPTGs”) address several issues relating to parenting time in Indiana, and provide clarification for a number of scenarios to help parents best utilize their parenting time schedules. The IPTGs are just that, a guide, and the parties can agree or be ordered to implement a different schedule or parenting time arrangement as…
Upon a finding of paternity or dissolution of marriage, child support calculations are one of the first orders of business for many parents. Determining who will have custody and how much support will be paid are determined, as family law matters are, by what is in the best interests of the child. Child support is calculated using a specific formula,…
When a child is born out of wedlock, legal issues that may arise fall under paternity actions. Paternity actions are quite similar to divorce actions, and oftentimes, statutes from paternity law mirror statues from divorce law. However, there are some differences and complexities with paternity that are not faced in divorce. One example is the surname of the child(ren). In…
Often in domestic cases, the custody of children is a central issue in the litigation. However, there are some instances where neither parent is ready, willing, or able to care for a minor child. In this case, a guardian may be appropriate to provide proper care for the child. A guardianship must be petitioned for in the Court or agreed…
A recent House Bill to unanimously pass the Indiana House of Representatives addresses issues of guardianship and custody and the inclusion of information from the Indiana Department of Child Services (DCS) and Children in Need of Services (CHINS) in the guardianship and custody proceedings. House Bill 1041provides that if a person files a petition to establish or modify a guardianship,…
During a pending paternity, divorce, or child custody matter, often, questions and concerns arise by one or both parties regarding the other parent, and their relationship, parenting style, dynamics, and parenting time with the child(ren). When these concerns arise, one way to approach the situation is to ask for a neutral, third party evaluator to look at both the child(ren…
In most domestic cases involving children, child custody and child support are two (2) of the key issues in the litigation process. Determining where the child will physically reside (the custodial parent), how the parents will make legal decisions regarding the child (about major life issues, such as religious upbringing), and the amount of support owed by which parent are…
This time of year, with the holidays and the start of the New Year, parents often have travel plans, whether to see family from out of state or to take that vacation in February to escape the frigid weather. However, in situations involving child custody, extra thought, planning, and notice may need to be given to achieve low-stress travel. The…