The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In Indiana, the term custody includes two distinct concepts, namely physical and legal custody. Physical custody generally refers to the parent with whom the child will spend the majority of overnights with during a year. Legal custody focuses on which parent (or both) make major decisions for the children, focusing on health, education and religion. This blog post explores these…
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…
Because every divorce case with children is a little to a lot different from every other case, Indiana’s voters, appellate court’s and General Assembly give domestic trial court judges wide latitude (called “discretion”) to make child custody decisions. Indiana’s judges often agonize over the unfortunate situations they see, hear and must decide. To help judges, there are four key legal…
Lawyers do a great job of presenting a client’s best position in court in obtaining their legal objective. Judges sort through it. Often sitting in the courtroom as a casual observer, it is difficult to tell which story is accurate and what evidence the court should rely on to decide the division of property (presumption being equal) and child custody…
There is a general societal view that a bad act by a child is due to lack of life experience and immaturity. Therefore, such should not be a crime and the juvenile treated as a delinquent and limited to state-intervention until he or she is an adult. Nevertheless, because there is some overlap between implications of juvenile delinquency and adult…
Historically, parents continued to be parents long after their children become adults, marry, and sometimes have their own families. Many of the parents loan their children money from time-to-time or to purchase their first home. When the marriage turns bad and a divorce is filed, the parents often want their loan(s) repaid. Due to the inherent trust between parents and…
With parenting time and visitation matters, technology has played a key role in aiding smoother parenting time transitions and contact. A basic example is on-line posting by courts of the Indiana Supreme Court’s parenting time guidelines. Every day, however, new forms of technology tools become available that facilitate parenting time/visitation. Depending on your situation, this blog introduces three such tools…
The very commonalities that brought two parents together in the first place often creates acrimony after divorce during parenting time exchanges, school events, and the like. In cases that are extreme, there are a variety of legal tools to consider that might resolve the issues, such as a contempt filing or parenting coordinator request. Sometimes, this even necessitates a modification…
The General Assembly, trial courts, and Indiana appellate courts all are active in protecting children caught in a divorce or paternity cases and in modification proceedings afterwards. The policy, which is a basic tenet of psychology, is aimed at the disruptive effect of moving children back and forth between divorced parents and to discourage the parents from using child custody…
Any seasoned divorce attorney has observed the line between love and hate, passion and rage, and similar contrasts are narrow, contradictory, or even overlapping at times. The very dynamics that drove one person to fall in love with the other and have children can be the source of annoyance or worse upon divorce during custody and parenting time. Custody and…