The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
As family law matters progress, one of the first issues to be determined by the parties is parenting time/custody. In some instances, the parties can agree to or are ordered to have joint physical custody. Other times, one parent is granted sole physical custody pursuant to the other parent’s parenting time. Parenting time is often granted, at a minimum, pursuant…
As a general rule, in matters where child custody and child support are at issue, the Court will grant parents joint or sole custody and Order an obligation for child support to be paid. Often, the Indiana Parenting Time Guidelines (IPTG)1 are used as a baseline for determining parenting time for the non-custodial parent. For older children, IPTG parenting time…
During the course of domestic proceedings, paternity may be at issue. There are, of course, original paternity actions, but paternity may also be at issue for related cases. For example, a third party seeking to modify custody or get a guardianship of a child will need to explore if paternity has been established before filing. So, who can file a…
In domestic cases, there may be a number of experts that are called upon to testify during a hearing. For example, a doctor may testify about a child’s medical condition, a CPA may testify about the value of a business, or a clinical psychologist may testify about a custody evaluation performed. However, there are limitations to who is an expert…
In domestic law cases, one aspect of child custody is communication between a parent and child when the other parent has parenting time. Keeping those lines of communication open to allow a child access to both parents via phone, internet, mail or otherwise allows for strong relationships to continue with both parents, despite the child’s physical location. The Indiana Parenting…
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…
When custody and parenting time have been determined in a divorce or paternity action, a parenting time schedule is often put into place. Generally, a standard parenting time schedule when one parent has been granted primary or sole physical custody of a child over the age of three (3) is that the non-custodial parent will receive a midweek visitation (this…
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,…
Divorce, paternity, or other domestic litigation is a stressful process, and can often lead to anger, bitterness, and miscommunication between parents. However, as we embark on a new year, take a moment to read these five (5) tips for ringing in the New Year more harmonious parenting time. 1. Be understanding of scheduling issues Especially around the holidays, everyone’s schedule…