The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In civil litigation, the trial and any appeals are one-and-done. This means that except for extraordinary circumstances, such as later trying to re-open the case,1 a civil case later brought on the same issues or matter cannot be re-litigated under legal doctrines known as res judicata and/or collateral estoppel.2 This blog post addresses child custody and related matters, such as…
In polling a room full of people who have experienced divorce, some will contend their ex-spouse is “crazy”. Part of this is gallows humor and a way to cope with this past or present stressor; there are those for whom the situation will be a reality. This blog post addresses divorce and mental health statistics means to obtain a diagnosis…
Most divorce cases resolve before trial. However, a small number proceed to trial or have post-divorce custody modification matters. In either case, there are three ways to undermine the strongest case that are inherent in human nature. This blog explores the matters and demonstrates why they are harmful. Avoid them. First, in original divorce cases, it is easy to make…
Under the law in the United States, including Indiana, the American Rule is followed regarding legal fees. The American Rule directs, absent agreement or statute or other authority, each side pays his or her own legal fees.1 Nevertheless, within divorce and paternity matters, there are a number of provisions that allow a trial court to award attorneys fees where there…
Sometimes during divorce, paternity, or other contested custody cases, clients will wonder how to the court will view them for disliking their former spouse or significant other. Will the court judge him or her poorly for disliking the other parent of his or child? Will the court make decisions that adversely affect custody or parenting time for the parent that…
When a child is born to a married couple, it may seem ridiculous to ask the question, who is the daddy? But, sometimes, this may not be a ridiculous question after all. Most all divorce petitions and decrees include the names and ages of the children born of the marriage (if under 21), but also include the statement “Wife is…
Over the past few decades, there have been significant strides in the area of science, and specifically in family planning. Persons wishing to have children are presented with more and more options than the traditional routes of being married and having a biological child. But what do these advances in technology and science have to do with the law? A…
During the course of domestic proceedings, paternity may be at issue. There are, of course, original paternity actions, but paternity may also be at issue for related cases. For example, a third party seeking to modify custody or get a guardianship of a child will need to explore if paternity has been established before filing. So, who can file a…
In domestic cases, there may be a number of experts that are called upon to testify during a hearing. For example, a doctor may testify about a child’s medical condition, a CPA may testify about the value of a business, or a clinical psychologist may testify about a custody evaluation performed. However, there are limitations to who is an expert…
When a child is born out of wedlock, legal issues that may arise fall under paternity actions. Paternity actions are quite similar to divorce actions, and oftentimes, statutes from paternity law mirror statues from divorce law. However, there are some differences and complexities with paternity that are not faced in divorce. One example is the surname of the child(ren). In…