The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
With most legal matters, the decision of the court (normally made by the elected judge) is final, and unless reversed on appeal, the parties will never be heard or dispute matters related to that lawsuit again. However, not in divorce (and paternity) cases.1 The divorce court maintains jurisdiction over the children of the divorce until they turn eighteen (18) years…
As we all know, life happens, and circumstances change. That custody order you once had may seem to become impractical as time goes on. Maybe you moved to Indiana to be closer to your child and now you want more time. Or maybe you were once on hard times but now feel you are able to offer your child more…
Table of Contents Overview of Child Custody Orders. Child Relocation Laws That Apply in Indiana. Can Parents Agree to Move Without Court Approval? How Do Courts Decide Whether to Allow a Move? What Happens When a Non-Custodial Parent Relocates? Should I Hire an Attorney to Handle My Relocation? When one parent wants to move out of state with the child(ren)…
As with many aspects of the law, it depends. Under what is known as the American Rule, which is commonplace in the United States, each side pays his or her own attorney’s fees in civil litigation unless there is a statute that allows for recovery of attorney’s fees. Fortunately, under the divorce1 and paternity statutes, there are several statutes that…
Table of Contents International child custody laws. International child custody and abduction laws. Recourse when a child is wrongfully taken to a foreign country. Determining which country’s rules should apply. International parental kidnapping. What is the Hague Convention? What kinds of cases fall under the Hague child abduction Convention? What remedies are available under the Hague Convention? What is a…
Physical and Legal Custody Sole or Joint Custody Best Interest of the Minor Child No Presumption for Either Parent Child custody proceedings tend to be confusing and emotional times. Whether it be a divorce or paternity matter, initial custody determinations always seem to be draining on all involved parties. A lot of this can be attributed to the confusion surrounding…
Child abduction by a parent within the United States or abroad is not a new problem. However, with a totally integrated international society connected by numerous reliable daily flights, international child abduction is easier to accomplish and a growing problem. Literally, a child may be taken by his or her parent and be almost anywhere in the world within a…
When a child is born out of wedlock or a divorce with children is filed, there is often dispute about who should have physical custody. Physical custody is the parent whom the court orders to have the most time with child. The other parent gets parenting time under the Indiana Parenting Time Guidelines (herein, “IPTGs”). At the initial determination, there…
When a couple divorces or establishes paternity, no party is a preferred parent. In other words, there is no presumption favoring either parent.1 Under the law, a father is just as likely to obtain physical custody as a mother—and fathers do obtain sole physical or primary custody in Indiana and throughout the United States. However, the parents and or children’s…
We quite frequently receive questions and complaints from clients regarding the other parent’s misconduct towards them or interference with their parenting time. These complaints tend to be followed with the question “can I modify physical custody?” Unfortunately, there is no hard and fast rule that can provide a ready answer to the question. Each custody case is unique, requiring an…