The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
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…
After a custody and parenting time determination, the parenting time schedule is set as specific as possible, so that the parties know their parenting time schedule. Often, the non-custodial parent will have a midweek and every other weekend as their parenting time schedule. The non-custodial parent may have more or less parenting time, depending on the Order or agreement of…
Any Order that a court issues during the pendency of a Divorce or Paternity case, that is not a final Order of all issues, is a provisional Order. These can also be called “interlocutory”, “preliminary”, or “temporary” Orders. A Provisional Order is meant to maintain the status quo as close to possible. Any time a divorce action begins, there are…
Prior to a final hearing, discovery may be completed to allow the parties to gather information relevant to the pending matters. Discovery can be conducted in many forms, including written questions (interrogatories), requests for production of documents, depositions, third party discovery, and requests for admission. The discovery process allows for several means of gathering information, and being able to request…
The current state of marriage in the United States continues to shift and morph, adapting to the current climate of marriage and divorce in the country. The trends away from the traditional notion of “family” has caused a shift in trends from the traditional custody determinations. In previous decades, mothers were often granted custody over fathers. This was claimed to…
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…
The decision to get divorced can often be a difficult one, with underlying issues and bad feelings all around. Once the decision to get divorced has been made, there are still several matters to determine when moving forward with divorce and what can be accomplished with a divorce. 1) Jurisdiction. Generally, one of the first issues to determine before filing divorce…
In any divorce proceeding the assets and debts must be divided between the respective spouses. Thus, there are three (3) questions to consider: 1) What is the marital estate made of? 2) What does the law say about dividing it? And 3) How do I get my fair share? 1) What is the marital estate made of? In Indiana, the…