The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
With respect to divorce actions and paternity actions, a court must determine which parent or both should have both legal and physical custody of a child, or children. Physical custody involves where the child sleeps the majority of the time (which parent the child is living with primarily and physically with). Legal custody is generally defined as decision-making regarding the…
In domestic matters, joint physical and legal custody can be appropriate, and in these instances, parents equally divide parenting time and jointly make decisions involving the broad topics of religion, medical care, and education of the Children1. This blog will focus on the issue of physical custody. The minimum guideline for parenting time division is by the Indiana Parenting Time…
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…
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…
An observation attorneys make is the nature, scope and complexity of facts that arise in child custody modification cases are often as diverse as the controlling statutes and case law. Thus, trial courts have wide latitude to decide these matters; subsequent modifications have a tendency to, or perception of, unsettling the child(ren) and are more difficult to accomplish than the…
Few things domestic attorneys observe in daily practice, including attorneys, pull at the heartstrings more than a child caught between two well-intentioned parents in a bitter custody dispute. It is for this reason that child custody lawyers, evaluators, and judges use wide variety of words to parcel out legal custody (and physical) with some precision at times. Sometimes as successor…
“Do I need to do anything under Indiana law if I am a parent and have to relocate with the children I have custody of?” Yes. Under Indiana law, a Notice of Relocation must be served by the custodial or non-custodial parent even with a local move in Indiana. This must be filed at least ninety (90) days before the…