The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
One crucial task during a dissolution proceeding is to determine the assets and liabilities for the parties to divide and to determine how same will be divided. The general statutory rule is that the Court will presume the parties shall divide all assets and liabilities equally (50/50)1. The other companion general rule is that a party may not dissipate (hide…
During the dissolution process, there are many topics that need to be addressed. The “big three” include child custody, child support, and dividing assets and liabilities. However, there are often numerous other issues that may be equally important to one or both of the parties. One of these potential issues is the wife legally changing her name back from her…
During family law litigation, parents face a spectrum of emotions, ranging from frustration, anger, and a sense of loss, all interacting with one another. This is quite frequent when child custody disputes are in play. In almost any domestic litigation scenarios, aware parents can use these emotions to deal with stressors in an incremental fashion to return to a state…
This blog series has focused on the bodies of law, loosely dealing with jurisdiction, that provide remedies for parents having their children taken or kidnapped from their legal custody by the other parent. We have discussed how there are both state and federal remedies to prevent and/or return children who have been taken or abducted within the United States. However,…
The UCCJA (Uniform Child Custody Jurisdiction Act), also known as UCCJEA or by other slightly different acronyms in some states, is a Uniform Act adopted in some form (it differs state to state) by the states in the 1980s to aid in the question of which state has jurisdiction over child custody matters. While federal law is supreme to state…
As noted earlier, while most divorce and family law litigation is contentious and a stressful and difficult time for families, rarely does it result in one parent taking or actually kidnapping1 a child from the other parent. However, in those rare circumstances, there is a federal law, the Parental Kidnapping Prevention Act (PKPA)2 to help return children to their custodial…
While thankfully not a common occurrence in most domestic disputes and litigation, parents embattled in a custody or divorce dispute have kidnapped their own children and left the state or even country. This is obviously a worst-case scenario for any parent, and there are several laws that cover this devastating matter to prevent the same from occurring. Due to the…
One common contested issue in domestic cases is child support and child support modification. There are separate statutes in Indiana that govern each1. When determining child support, a general yet complex formula is used in order to fairly divide the income between parties in multiple financial situations. As previously discussed in other blog posts, information included in the child support…
During pending or after completed domestic litigation (i.e. divorce, paternity, custody matters), communication between parents/parties is often extraordinarily challenging for most well- intentioned parents. Many times, a breakdown in communication was a central cause of the underlying problem relationship to begin with, increasing with the stressors of litigation. Although complex and often frustrating in that parties successful communication often means…
Within divorce and custody proceedings, often neither parent feels that they have received enough parenting time with the child. Under the Indiana Parenting Time Guidelines, generally, for a non-custodial parent (one without primary physical custody) of a school-age child who lives in close proximity to the custodial parent receives weekly parenting time, at a minimum, of one evening per week…