The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Anytime you enter into the courtroom, and especially in domestic cases, a lot of otherwise private information becomes public (or before the court), because the court must consider the best interests of the children. Sometimes information comes out that leads to other types of civil or criminal actions, or inherently there is some relief a court must order if the…
In many divorce and paternity cases it often happens that one parent is provided primary physical custody of the child or children, and the other parent receives parenting time. Physical custody refers to where the child primarily lives. There is another type of custody, legal custody, that could be either joint in both parents or sole in one parent. This…
Making the decision to pack up and move to another area of the state or another state altogether can be a stressful and difficult one. However, if you add an open family law matter to the mix, things can get even more stressful. So, what information can you help gather for your attorney to assist in your argument for relocation?…
There are two (2) types of custody placements-initial and modification. Initial custody is determined at an early hearing-for example, a hearing to establish paternity or a final dissolution hearing in a divorce. Any change or amendment to custody after that initial custody determination is known as a custody modification. Initial custody and custody modification are based on several factors, and…
In custody matters, the best interests of the children are paramount, and the process seeks to determine who shall have physical and/or legal custody of the minor children of the parties. However, the parents are the parties to a custody matter, not children, and in fact, children’s statements are generally hearsay, and not admissible in Court under the Rules of…
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…
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…
In a divorce matter, child support and custody are often two (2) of the major issues being litigated or negotiated. However, while less common, determining spousal maintenance after the final decree is another common issue to be dealt with through the divorce proceedings. As discussed in previous blog posts, there is no “alimony” in Indiana. However, there is spousal maintenance,…
In Indiana, there are 3 competing theories to obtaining custody of a minor child. The three ways to obtain custody are: first, the natural parent presumption (lawful adoptions will fall in line with this custody theory as well); second, guardianships; and third, de facto custodians. There is a statutory presumption, meaning that unless other evidence is presented to the contrary,…
In family law matters, custody will be determined as an initial matter to a divorce or paternity proceeding1 or can be later modified once it has been established2. There are several factors that determine physical and legal custody, with the best interest of the child(ren) being paramount. However, once custody is established, can custody be changed? The answer generally is…