The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In child custody ligation, where one parent is seeking primary physical or legal custody over the parent, the “why” the trial court ruled as it did is often important to the parties to help better understand and accept the decision. This rationale is set out in cases with special findings. This is also considered by Indiana’s appellate courts on appeal,…
In paternity and divorce cases, parties sometimes do not fully understand “legal custody.” Legal custody has nothing to do with who a child stays with for parenting time or custody. Instead, it is which parent(s) has the authority to make decisions about the child’s health, education, and religions decisions.1 If it is in a child’s best interests, the court may…
In each state, in Indiana and across the nation, there has been an acute focus over the last several years on Father’s rights to custody of their children. Law is slow to change and remnants of the “tender years presumption” continued pushing father’s rights groups harder. The tender years presumption is a older legal policy that children of a young…
With technology and more access to different information on a faster basis, there is much more evidence available to parties, attorneys, professionals, and trial court judges to use making child custody decisions. These need to be identified as early in the divorce process as possible to be useful. Custody evaluators and GAL’s can use and rely on evidence that might…
Where the is a dispute about a child, from its biological parent to impermissible removal of a child from his or her home to return, there are numerous statutory laws that apply to ensure the child’s best interests are met and/or the proper court hears the matter. This blog is written to summarize those for you to better understand questions…
The General Assembly, trial courts, and Indiana appellate courts all are active in protecting children caught in a divorce or paternity cases and in modification proceedings afterwards. The policy, which is a basic tenet of psychology, is aimed at the disruptive effect of moving children back and forth between divorced parents and to discourage the parents from using child custody…
Any seasoned divorce attorney has observed the line between love and hate, passion and rage, and similar contrasts are narrow, contradictory, or even overlapping at times. The very dynamics that drove one person to fall in love with the other and have children can be the source of annoyance or worse upon divorce during custody and parenting time. Custody and…
The term “Legal Custody” is frequently misunderstood; it means which parent (or both) will make the major life decisions for the children, such as on matters of health, education, welfare, and religion.1 Divorcing parents one of whom has strong Catholic beliefs and the other a devout Christian are sometimes apt to put the children in a tug-of-war as to their…
In family law matters and matters involving custody modification, the underlying basis is what is in the best interests of the children. However, what about the direct wishes of a child? How are those determined and used in initial custody matters and modification of custody? Custody can be modified if there is a substantial change in circumstances and the modification…
Sometimes during divorce, paternity, or other contested custody cases, clients will wonder how to the court will view them for disliking their former spouse or significant other. Will the court judge him or her poorly for disliking the other parent of his or child? Will the court make decisions that adversely affect custody or parenting time for the parent that…