The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Whether it be from personal experience or a movie you saw on television, most of us have some understanding of the concept of custody. However, when people think of custody, most of the time they are only thinking of physical custody. But, physical custody is just one part of child custody as a whole. Who makes decisions about school? Religion?…
In today’s blended society, it is common for parents to have different religious beliefs and practices. However, if they both feel strongly about their religion and divorce, a war can erupt over how the children are raised at and after divorce. This is where the concept of legal custody comes in. On divorce or in paternity cases, the court can…
In particularly contentious child-custody cases, a child custody evaluation may be a great investment in your case to help achieve the custody arrangement you seek. This is because, at the end of the process, the evaluator makes recommendations to the court about what custody arrangement is in the children’s best interests. There are different levels of evaluators that you should…
Maybe. Most likely not. In many divorce cases, children have important information the court needs to determine what custody arrangement is the children’s best interests. However, many parents simply do not want to put their children in the situation of being called as a witness in open court against the other parent. Most Indiana trial court judges do not want…
One question we frequently hear from our clients is “can I get attorney fees?” Unfortunately, the answer to this question is, it depends. The main reason for the uncertainty surrounding the ability to obtain attorney fees is due to the fact that our legal system follows what is known as the American Rule. The American Rule is a deviation away…
Grandparents play an important role in many of our lives. Fortunately, the Indiana Legislature has recognized this importance and passed what is known as the Grandparent Visitation Act. The Grandparent Visitation Act gives grandparents the right to seek visitation, albeit, in limited and defined circumstances. Whether or not you can seek visitation of your grandchildren will depend on the specific…
A common question litigants have in family law cases is whether there is a way they can be reimbursed for their attorney’s fees? The answer is somewhat complicated and it depends. In most litigation in the United States, we follow the “American Rule”, which is each side pays its own attorney’s fees. However, in divorce and paternity cases in trial…
It would be naive to think that it is a rare occasion that substance abuse by a parent is raised in divorce and paternity cases; it is common and must be addressed by the courts. In a divorce proceeding it is important to note that, substance abuse, covers a very broad spectrum of “drugs” and is considered in varying degrees.…
The short answer is, it depends. In Indiana, there are two primary ways to obtain appellate attorney fees in a divorce matter. The first is found in Indiana Code section 31-15-10-1.1 The second is found under Indiana Rule of Appellate Procedure 66(E). Your basis for seeking attorney’s fees will determine which statute/rule to proceed under. In this blog, we provide…
In a paternity or divorce case where custody is in dispute, it is not uncommon for the parents to have differing opinions and/or negative opinions of one another. It is inappropriate for these feelings and opinions to be expressed to, in front of, or around the child or children. This is something that a majority of parents are aware of…