The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
The legal system is the default dispute resolution when no other person, group or institution can solve a problem or dispute. The fact a case is brought sometimes demonstrates the very point—good individuals and well-run companies have disputes they cannot move beyond and bring to an impartial judge for decision. This system is the marvel of the world, particularly since…
As a general rule, each side pays their own legal fees under the American system of law. In divorce, paternity, and post-divorce litigation there are unique provisions not found in other civil law whereby attorneys fees may be awarded. They are not common, but the subject of this blog post. The first and newly decided way attorneys fees may be…
While it is common, after a hearing, for a trial court who finds the legal basis for a protective order to issue or to Brady-Disqualify a person from possessing firearms (or ammunition under federal law), a new case has limited Brady-Disqualification under the Act. In a new case, the Indiana Court of Appeals determined that the reference “Brady disqualified” provision…
Failing to Include Assets and Value Them and Informal Loans from Parents and Third Parties While emotion often overrides divorce proceedings, particularly where child custody is in dispute, it is key to identify if sufficient evidence of all assets of the marital estate are present. Marital assets also include debts. The Indiana Court of Appeals recent Barton v. Barton case…
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,…
The Holiday Season is a time of joy and stress for everyone. This is particularly the case for parents who have children from divorce or paternity with child exchanges. Holiday time is magical for children and there is a finite amount of this holiday time. Both parents want their time. However, the legal system cannot get back this time by…
Many divorce lawyers receive requests for guidance from their clients on “changing venue.” In Indiana, this is not common and is generally associated with moving the case from one county to another. This occurs in rare occasions in criminal cases in order to ensure an impartial jury. In a limited number of cases, first, the case may be filed in…
Indiana’s few trial court judges, magistrates, commissioners and pro tems hear and decide a staggering number of cases (tens of thousands) each year with speed and accuracy. However, approximately 4,000 are appealed to the Court of Appeals as a matter of right. In consultation with their attorneys, litigants help to decide what issues to raise on appeal. Four common mistakes…
Indiana has very open accesses to its court to settle disputes in civil cases. When a party does not prevail, there is the constitutional right to appeal to a higher court. Generally, this is to the Indiana Court of Appeals, who decides about 4,000 appeals per year. There are four common misconceptions about an appeal that are the discussed in…
Our society is more mobile than ever, working from home to teleconferencing across the globe. This makes relocation by a custodial parent more likely now than at any time in the past. There are three keys that a custodial parents must establish in order to be allowed to relocate with the children. First, and perhaps most important, is that the…