The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Divorce and child custody cases present common issues and unique ones to every family that comes to Court. To assist attorneys in making their client’s best case, Indiana judges sometimes gather and present seminars for practitioners to give them guidance in what helps best present every case. The Indianapolis Bar Association presented a seminar with Marion County and surrounding counties’…
Making the Factual Showings in Custody Modification Almost every two people hear about a situation and come up with a different opinion. This is because second hand reporting removes the context and non-verbal communication that may be present, such as grimaces, winces, and other body language. Because of this, the Indiana Court of Appeals and Indiana Supreme Court give great…
Most divorce cases resolve before trial. However, a small number proceed to trial or have post-divorce custody modification matters. In either case, there are three ways to undermine the strongest case that are inherent in human nature. This blog explores the matters and demonstrates why they are harmful. Avoid them. First, in original divorce cases, it is easy to make…
Just a few short years ago, civil litigants had two basic choices to resolve their disputes. The first was to find a way to settle the matter between counsels and themselves or go to trial. Then mediation started to “catch on.” This is where a neutral party but not a judge, who is usually experienced in the issue at hand,…
As a general rule, there is a strong presumption in American law that a judge or jury properly weighed the evidence and decided a case. A fair amount of attention has been focused in the recent media on actions within court rooms that may have swayed a verdict. One is an attorney who appeared to yawn1 at a closing argument…
Indiana trial court judges are charged with the difficult task of making child custody decisions in the children’s best interests. This is daunting in contested divorce cases as the actual parents cannot agree to what is best for their own children. To assist them, judges on their own or with request of an attorney, appoint trained individuals ranging from trained…
In our mobile society, people relocate for work or move much more frequently than in the past. When new to the State, sometimes it coincides or hastens a rock marriage to divorce. This often presents us with questions about what it takes to file for divorce. There are four major requirements or considerations. The first is that one of the…
There is an old adage which states that “justice delayed is justice denied.” Over the years, the Indiana’s primary appellate court, the Indiana Court of Appeals (and the Indiana General Assembly), has been taking measures to speed up the appellate process. For instance, by appellate rule, appeals involving child-related matters, extensions of time are granted for filing briefs only in…
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…