The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
This time of year, with the holidays and the start of the New Year, parents often have travel plans, whether to see family from out of state or to take that vacation in February to escape the frigid weather. However, in situations involving child custody, extra thought, planning, and notice may need to be given to achieve low-stress travel. The…
Divorce, paternity, or other domestic litigation is a stressful process, and can often lead to anger, bitterness, and miscommunication between parents. However, as we embark on a new year, take a moment to read these five (5) tips for ringing in the New Year more harmonious parenting time. 1. Be understanding of scheduling issues Especially around the holidays, everyone’s schedule…
In a divorce matter, child support and custody are often two (2) of the major issues being litigated or negotiated. However, while less common, determining spousal maintenance after the final decree is another common issue to be dealt with through the divorce proceedings. As discussed in previous blog posts, there is no “alimony” in Indiana. However, there is spousal maintenance,…
Victims of domestic violence and/or stalking can request the court to issue a Protective Order against their assailant. If a court does issue a Protective Order, how does that piece of paper in practice serve to protect the victim from any further violence or stalking? There are countless statistics and stories of persons who were either denied a Protective Order…
As the family dynamic shifts from the nuclear family to a more extended and/or unconventional family unit, persons other than parents are often helping to raise children. For example, a grandparent might raise a child if the parent is unwilling or unable. Or, a step-parent may become a primary caregiver while one parent is not involved with the child. In…
In Indiana, there are 3 competing theories to obtaining custody of a minor child. The three ways to obtain custody are: first, the natural parent presumption (lawful adoptions will fall in line with this custody theory as well); second, guardianships; and third, de facto custodians. There is a statutory presumption, meaning that unless other evidence is presented to the contrary,…
In family law matters, custody will be determined as an initial matter to a divorce or paternity proceeding1 or can be later modified once it has been established2. There are several factors that determine physical and legal custody, with the best interest of the child(ren) being paramount. However, once custody is established, can custody be changed? The answer generally is…
With today’s ever-expanding accepted concept of what makes up a “family”, which is far beyond the nuclear family definition, such as step parents and step siblings, aunts, uncles or grandparents caring for his or her sister or brother, or child’s children, there is much confusion as to who has the legal rights to the care and custody of child if…
Within the proceedings of any legal issue, be it Family Law or otherwise, there are several deadlines. For example, there may be a deadline to file an action, a deadline to file a response, deadlines to file discovery, and deadlines for trial, just to name a few. Often, these deadlines must be strictly followed. However, in certain circumstances, a continuance…
During divorce, paternity, or subsequent custody proceedings, the issues of physical and legal custody are often the singular legal objective. Previous blogs have discussed the general distinction between physical and legal custody. Namely, that physical custody involves where the child sleeps the majority of the time, and legal custody refers to decision-making for the child. Legal custody is generally defined…