The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
There are numus ways to have your child’s voice heard in court to aid a judge with making a custody determination or a modification decision. In most cases, an attorney or licensed clinical social worker can interview the family and children in order to make a sound recommendation to the court about what he/she believes is in the children’s best…
In all child custody litigation—the original determination by a court or in passing on a modification petition—the trial court always looks at what is in the child’s best interests. In making its initial determination to award physical custody, there is no preference for either parent. With a modification, a substantial change in circumstances must be established and be in the…
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. However, you can relieve some of the emotional burden by understanding the basic workings of child custody in Indiana. In this blog, we provide…
Child custody litigation is a gut-wrenching experience for all parents. Both want the same amount of time they had before the divorce or post-divorce they may be seeking a modification to gain additional time, but there is only a finite amount of time for custody and parenting time. That said when a parent loses a custody battle their first thought…
There is general agreement among the bench and bar that parents should not call their children as witnesses in their divorce of post-decree modification cases. Putting any child on the stand is a traumatic experience and one that usually makes them pick sides. On the other hand, while there are a lot of ways a child’s views can be made…
Like everyone and everything in life, the judicial system isn’t perfect. As such, sometimes trial courts get it wrong. If you or someone you know just received a child custody determination that you believe was wrongly decided, you have the ability to seek relief via an appeal. How is this done? How long does it take? In this blog, we…
Yes. No. Maybe. In Indiana, child custody is always modifiable, if modification is in the child’s best interests and there is a substantial change in one (1) or more factors1 the court can consider under the initial custody determination statute, namely (1) the age and sex of the child; (2) the wishes of the child’s parent or parents; (3) the…
While many types of evidence might help establish a substantial change1 to modify physical custody, some key statutory and evidentiary rules may help you understand how or if your proposed “evidence” might be offered and admitted at trial. For instance, a child’s attendance records, if he or she has excessive absences, may be evidence to show a substantial change, as…
Maybe. As a general rule, the Indiana Department of Child Services has a hotline that parents and others may call1 (or must if they are a mandated reporter) to report cases where children are in danger. These reports are immediately investigated, and if need be, the children can be removed from one or both parents, followed by an emergency detention…
In domestic cases, trial courts are given wide discretion to decide matters initially, such as when the parties divorce or later in child-support and/or physical and/or legal custody modification proceedings. Further, because so much time, emotion, and judicial resources go into domestic cases, Indiana’s appellate court gives trial courts vast leeway to judge the credibility of witnesses when deciding issues.2…