The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In the wake of the Sandy Hook Elementary school shooting in Connecticut, there has been a call from the general public, legislatures, and the President for stricter gun laws. Initially the debate centered around an assault weapons ban, similar to the ban of 1994, which lapsed in 2004.1 This week has brought news headlines about the new proposed stricter gun…
When custody and parenting time have been determined in a divorce or paternity action, a parenting time schedule is often put into place. Generally, a standard parenting time schedule when one parent has been granted primary or sole physical custody of a child over the age of three (3) is that the non-custodial parent will receive a midweek visitation (this…
The appellate process can often seem elusive and might be considered by some to be “behind closed doors” because often, the appellate parties rarely appear before the Court of Appeals, and receive only a written opinion following their written briefs submitted to the higher appellate courts. The appeals court process in different from the trial court process in several ways.…
It is generally common knowledge that a person who has been convicted of a felony, even if remote in time, is no longer permitted to possession (purchase, possess, handle), a firearm.1 Possession has two (2) possible variables: actual possession, and constructive possession. Active or actual possession occurs when a person is physically in control of a firearm, such as when…
Child support payments can be modified throughout a course of litigation, either due to a change in circumstances of the parties1, children becoming emancipated2, or a change in child custody3, to name a few. Often if there is a change in child support, there is a potential overpayment of child support. In some cases, this overpayment may be reimbursed. In…
All final orders of 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 not…
When a child is born out of wedlock, legal issues that may arise fall under paternity actions. Paternity actions are quite similar to divorce actions, and oftentimes, statutes from paternity law mirror statues from divorce law. However, there are some differences and complexities with paternity that are not faced in divorce. One example is the surname of the child(ren). In…
With our ever technical society, utilizing all forms of technology from Facebook, Twitter, blogging, book reviews on amazon.com, and comments on news stories at any number of national and international news outlets, when does expressing one’s opinion cross the line from constitutionally protected free speech1 to a criminally punishable crime? Here at Dixon & Moseley we regularly utilize blogging to…
In Indiana, trial courts follow the “one marital pot” theory to determine what is marital property and how to divide that property upon divorce. The “marital pot” theory means that all assets and liabilities, owned by either Husband or Wife BEFORE and during the marriage, no matter how the property is titled, is jointly owned by the husband and wife…
Traditionally, Grandparents had no special common law right to visitation with their grandchildren. However, in the past few decades, many states have enacted legislation which allows grandparents to seek a court order for visitation with their grandchildren. The Indiana legislature enacted Indiana Code § 31-17-5 allowing for grandparents to seek visitation, in certain limited circumstances, including if one of the…