The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
What Parents (And Those Around Children) Need to Know About Removal as Punishment and Its Connection to Divorce, DCS Investigations, And Criminal Charges Parents who have children heavily involved with the use of electronics have all probably observed a “meltdown” when devices are taken as a form of punishment. However, with a certain segment of children—even very young children—mainstream psychology…
Three Ways to Protect “Loans” From Family and Friends in Divorce Proceedings How can I protect money my parents or friends loaned me (actually “us” legally speaking) from being divided with my spouse in the divorce? A common scenario that unfolds in a divorce is a claim by the husband or wife that certain money in the marital estate and…
In child custody proceedings, Indiana trial court judges award or modify custody by considering all1 of the evidence in order to determine a custody arrangement in the child’s best interests. There are several statutory considerations for the court to weigh, including the physical and mental health of the parents, as well as any other facts or circumstances that may factor…
In divorce or paternity cases, custody evaluations are common. They are provided for in the paternity and divorce statutes, as well as local court rules and discovery rules. A trial court judge has the inherent discretion and power to order a custody evaluation. In simple terms, a custody evaluation is nothing more than a trained professional interviewing the adults and…
Yes. A juvenile delinquency investigation is effectively a criminal investigation. If your child has an inquiry made by the police, you need to know his or her rights to be a parent and the consequences of this type of case to minimize the impact of such an investigation and give your child the constitutional protections available to them. The serious…
Almost everyone knows someone who has been, is or will be going through a “terrible” custody battle. The best of parents—acting under the stress of a separation or divorce—experiences a range of emotions from loss to rage. In some cases, the perceptions of the parents are magnified by underlying psychological issues, substance abuse or both and lead to the truly…
In divorce and paternity cases, there are numerous state and federal laws requiring parents to pay child support for their children, and about as many laws for enforcement of court- order support obligations. In fact, failure to pay child support may cause legal penalties against you, ranging from losing a professional license to being found in contempt of court and…
Law changes ever so imperceptibly every day. It has to in order to keep up with our society and afford each of us the right to achieve “life, liberty and happiness” through due process of law. The right to due process of law protects the family that is singled out for the most protection in the Constitution —there is a…
In Indiana, there are thousands of DCS’ investigations each year. Many result in filing a petition to open a CHINS’ action against the parents. In the initial investigation from the DCS to and through the hearing, if a CHINS petition is filed, parents have the constitutional right to counsel. The question this blog post focuses on is, “Should parents have…
Raising Someone Else’s Children A word that has almost vanished from common conversations is the term “nuclear” family. This conjured up the notion of a mother, father, two children (a boy and a girl), family dog, and the proverbial white fence. Now children are routinely shared between same-sex parents, divorced parents or have a single parent. However, there are tens…