The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Often in domestic cases, the custody of children is a central issue in the litigation. However, there are some instances where neither parent is ready, willing, or able to care for a minor child. In this case, a guardian may be appropriate to provide proper care for the child. A guardianship must be petitioned for in the Court or agreed…
In domestic cases, child support is often a key component to the matter, and who will pay and how much are complex questions that may be litigated. When a child support duty is ordered by a Court, the noncustodial parent who is to pay child support owes that support to the child(ren)1. However, what happens in cases where the noncustodial…
A recent House Bill to unanimously pass the Indiana House of Representatives addresses issues of guardianship and custody and the inclusion of information from the Indiana Department of Child Services (DCS) and Children in Need of Services (CHINS) in the guardianship and custody proceedings. House Bill 1041provides that if a person files a petition to establish or modify a guardianship,…
The Indiana Child Support Guidelines were instituted to provide a consistent statewide standard for courts to follow when issuing orders for child support in divorce or paternity cases, such that the orders are both fair and consistent for all persons in similar circumstances.1 Pursuant to the Indiana Code § 31-16-6-1, child support orders should be based on a number of…
More and more courts and judges are favoring the idea of mediation for purposes of settling disputes. Commonly in family law matters, and personal injury litigation, judge’s order that the parties attend mediation, and attempt to reach a settlement, before the judge will set a final hearing. Mediation falls into the category of “Alternative Dispute Resolution,” which is exactly as…
During a pending paternity, divorce, or child custody matter, often, questions and concerns arise by one or both parties regarding the other parent, and their relationship, parenting style, dynamics, and parenting time with the child(ren). When these concerns arise, one way to approach the situation is to ask for a neutral, third party evaluator to look at both the child(ren…
In part, 1 we discussed how to have a kid friendly divorce, and discussed the importance of at least attempting to get along with your soon-to-be former spouse in front of the children; how to talk to the children about divorce; how to talk about (or how not to talk about) your spouse in front of the children; and remembering…
The definition of marriage, and more specifically, which two persons may be legally married, is a complex and contentious topic. It is religious, social, and psychological as much as it legal. The legal system is often the default when there is no other way an issue will be resolved, such as Roe v. Wade. The traditional notion of a family…
In dissolution of marriage cases in Indiana, the issue of property settlement (by an agreement) or award (by trial) is a two-step process. First, what is marital property? And, second, how should it be divided? In Indiana, marital property is any property acquired or owned by either husband or wife prior to the marriage, or during the marriage, including personal…
Throughout litigation, parties can ask questions of and request documents from (i.e., recordings, notes, etc.) from each other in a process called generally called discovery. This allows for an information gathering regarding information pertinent to the pending matter. The information asked for does not have to be admissible in court, but potentially lead to such evidence. Such discovery to parties…