The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In child custody proceedings, Indiana trial court judges award or modify custody by considering all1 of the evidence in order to determine a custody arrangement in the child’s best interests. There are several statutory considerations for the court to weigh, including the physical and mental health of the parents, as well as any other facts or circumstances that may factor…
Have You Been Contacted by CPS or the Police for “Alleged” Child Abuse or Molestation? Consider These Three Key Points You Need To “Know” And What “To Do” (Or Not Do). There is a somewhat shared knowledge in our society that some children in ordinary—to—high-risk families are physically or sexually abused. Statistics are hard to come by but generally indicate,…
Custody is initially determined by the courts in divorce or paternity by considering statutory factors, including the age of the child, his/her adjustment to their home, school, community, and the mental and physical health of all individuals involved.1 In this situation, there is no preference for either parent. Psychologically and socially, children need stability so custody is not as easy…
In Indiana, there are thousands of DCS’ investigations each year. Many result in filing a petition to open a CHINS’ action against the parents. In the initial investigation from the DCS to and through the hearing, if a CHINS petition is filed, parents have the constitutional right to counsel. The question this blog post focuses on is, “Should parents have…
The Indiana Department of Child Services (“DCS”) is tasked with investigating thousands of reports of abuse or neglect of children each year. This agency is literally the protector of children from certain parents. However, perhaps the oldest and most fundamental of constitutional rights is to raise one’s children as he or she sees fits, despite what the state may think…
As with all cases brought against an individual or family (civil or criminal), the State has the burden of proof. With respect to neglected children (“CHINS”) or children who commit acts that would be crimes (“Juvenile Delinquents”) if an adult, the Indiana Department of Child Services (“DCS”) acts for the State. In a recent case, a divided Indiana Court of…
Parents have a right to raise their children without state interference under what has been referred to as the most fundamental right in the United States Constitution. However, there is a point where parental decisions cross the line into abuse or neglect or children engage in activities that would be criminal if they were adults. When this occurs, Child Protective…