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…
It is well known that legal lingo is not often the same as plain old English. If you are involved in a contested child custody case, either a divorce, post divorce, paternity, or third party custody action, you may have heard of what is called an “in camera” interview. Contrary to the plain meaning of the phrase, no cameras are…
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 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…
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 Part I of this blog post, two of the “mistakes” that often occur by nothing more than human nature in a custody evaluation were discussed: (1) trying to answer psychological testing in a favorable way, and (2) coaching children to a degree before a custody evaluation. It is important to be aware of these because they can occur…
One tool frequently used in a paternity or divorce, or post-paternity or divorce or custody modification, is requesting a custody/parenting time evaluation. An evaluation is helpful for many reasons. Globally, it is a tool used to allow a mental health professional to observe the parent-child relationship from a neutral, third-party position, and evaluate the family dynamic and make recommendations to…