The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
As the family dynamic shifts from the nuclear family to a more extended and/or unconventional family unit, persons other than parents are often helping to raise children. For example, a grandparent might raise a child if the parent is unwilling or unable. Or, a step-parent may become a primary caregiver while one parent is not involved with the child. In…
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…
With today’s ever-expanding accepted concept of what makes up a “family”, which is far beyond the nuclear family definition, such as step parents and step siblings, aunts, uncles or grandparents caring for his or her sister or brother, or child’s children, there is much confusion as to who has the legal rights to the care and custody of child if…
During divorce, paternity, or subsequent custody proceedings, the issues of physical and legal custody are often the singular legal objective. Previous blogs have discussed the general distinction between physical and legal custody. Namely, that physical custody involves where the child sleeps the majority of the time, and legal custody refers to decision-making for the child. Legal custody is generally defined…
All final orders of a Indiana trial courts are appealable by right, meaning that the Court of Appeals must review the merits of your appeal and issues a Decision thereon.1 The Supreme Court (of Indiana or the United States) has discretionary review of most types of cases (there are some that the Supreme Court must review, but generally those do…
Domestic matters are often fraught with complexities, one such major issue being parents’ inability or unwillingness to get along with the other parent. Often, domestic law cases involve extreme emotional issues that can cause communication problems. Compound this with both parents wanting as much time as possible with the child(ren), and it can create a situation where the parents are…
Before entering into a marriage, the parties may create a contract, called a prenuptial (or antenuptial) agreement. This is a contract like any other, and enforced as same by the Courts. However, terms that are contemplated and contracted to prior to marriage may not be the current state upon the dissolution of the parties’ marriage. One major and common recent…
In family law disputes, whether it be a divorce, paternity, grandparent visitation or third party custody, or post-divorce decree (original determination of custody of some type) issues, sometimes the result is unfavorable. There is an old saying that everyone loses in divorce. But what if the result is unfavorable to you, and it is incongruent with the law and the…
As of July 1, 2012, a new statute regarding emancipation of children for child support matters went into effect. Previous blog posts have examined the intricacies of the new law, and some cases after its inception. However, recently, the Committee that helped enact the new law is taking a second look at it. The Child Support and Custody Advisory Committee…