Indiana Injury And Family Lawyer Blog

A recent story in London's The Telegraph detailed how the rise of internet dating had resulted in a 40 percent spike in 2012 in the number of international child custody cases in Britain.

Our Gary child custody lawyers have noted this phenomenon as well, though more commonly with regard to interstate disputes.

Internet dating has allowed people who might never have otherwise met or come in contact to form deep connections over long distances. However, people often retain their connections to home, even if they end up later moving to be with their new spouse.

If things don't work out, one spouse or the other will often return to where he or she has a support system.

But it should be no surprise that different states have different laws when it comes to almost everything about divorce and child custody.

Families in these situations often find themselves grappling with the added frustration of working out complicated and costly visitations and shared parenting arrangements. Even those divorced couples who consider themselves fairly amicable can find themselves at a breaking point when trying to hammer out these issues long-distance and often without the benefit of face-to-face communication.

So how are these disputes resolved?

A lot of it will depend on which state is given jurisdiction in the matter.

For an answer to how that process works, we look to the Uniform Child Custody Jurisdiction Act, which was drafted in 1997 and has since been adopted by 49 states, as well as the District of Columbia, the U.S. Virgin Islands and Guam. (The only state that has yet to adopt the measure is Massachusetts.) The 1997 legislation replaces any prior legislation, which was found to be inconsistent with the Parental Kidnapping Prevention Act with regard to determination of initial child custody.

Part of the reason this legislation was enacted was because courts were finding that parents were willing to move their child around from state-to-state if it appeared the custody case were not going in their favor. They would then file again in a different state, where they hoped to find a more sympathetic ear. They were often successful.

But this was not fair to the child, nor the other parent or the court system, which was being bogged down with these cases.

In interstate custody battles, the child's home state will be the one that will be allowed to exercise jurisdiction in the child custody case.

So if a mother files her petition for custody in Indiana, where the child lives at the time of the petition, any other state is going to lack jurisdiction to handle that same case. Let's say that same mother and child move to Ohio, and then she files her petition within less than six months of that move. The home state is still going to be considered Indiana, and she will have to file her petition here, or else wait six months or more.

Because of the UCCJA, this will be true pretty much regardless of where you move in the U.S.

In one case, for example, both spouses lived in Texas for a number of years until the mother moved to Washington State. She filed her child custody petition there five months later, but it was denied because she hadn't lived there at least six months. The father then filed his custody petition more than six months after his wife and child had moved to Washington. The court ruled that Texas would not be considered the home state of the child at that point, because he hadn't lived in Texas for six consecutive months prior to the petition.

As you can see, timing may be critical in these cases, which is why the sooner you meet with a child custody lawyer, the more strategic you can be in planning your petition and/or response.

It's also worth noting that the state can deny jurisdiction if one parent or the other has acted unjustly. Some examples might be domestic violence, concealing the whereabouts of a child/parental kidnapping, violating an existing court order or lying in sworn declarations.

Now let's say it turns out there is no home state for the child. He or she has lived on a military base or has moved around a great deal in the last several years. In these cases, the court will be charged with determining the state that will be the most convenient for all parties involved. Some of the things that might be considered would be location of medical and school records, witnesses, documents, child protective services investigative reports and how familiar each court may be with the issues and facts in the pending case.

Continue reading "Indiana Interstate Child Custody Disputes Increasingly Common " »

A bill was recently proposed in the Alabama legislature that would allow the state to terminate parental rights in cases where a parent, addicted to drugs or alcohol, had relapsed after receiving a second round of in-patient treatment.

Our Munster child custody lawyers know that if this law were to pass, while it wouldn't affect Indiana families directly, it could set a troubling precedent.

This is not to say that the state does not have a valid interest in protecting the children from harm caused by a drug-addicted parent. Indeed, it does. However, both in Indiana and in Alabama, there are legal provisions that allow either the other parent or the state to step in and seek remedies - up to and including termination of parental rights. Capping treatment options is not the solution.

While we understand the framers of the bill had intended to draw the line when it comes to protecting our children and saying, "Enough is enough," it may actually end up resulting in fewer parents seeking much-needed treatment, for fear they may lose their children if they falter one more time.

That being said, we have represented numerous clients who were at their wits' end with the seemingly endless cycle of addiction of their former spouse. In many cases, that was what led to divorce in the first place.

In cases like this, one of the first things we might seek to do is file for emergency child custody. This won't be a permanent order, but it will allow you to keep your child safe while the courts have an opportunity to sort through all the details of what is being alleged.

Your first step in a case like this, in which you fear for your child's safety due to your ex's addiction, would be to contact an experienced family law attorney. He or she can help you file the petition, which will allow you to get an immediate hearing, as it is considered an emergency. Your lawyer may also at the same time submit a form requesting a more permanent custody arrangement be addressed at a later date. This will allow you to pursue the long-term custody arrangement, whether the court grants the temporary order or not.

With the understanding that these situations sometimes unfold rapidly, you still want to try to be as prepared as possible. Bring any relevant police reports, voice mail recordings, text messages, e-mails or photographs that could serve to further bolster your case. Specific examples might be reports of a DUI or drug-related arrest or previous convictions, photographs of drugs or paraphernalia in the home or statements from third party witnesses attesting to the severity of the other parent's addiction and the danger it poses to the child.

Termination of parental rights in Indiana is altogether another matter, but it is one that may be initiated in the most severe of circumstances. Some potential circumstances in which termination of rights is considered by the court:

• The child has been living in an alternative care situation (foster care or with a relative) for at least six months;


• The parent has been convicted of a series crime (i.e., murder, manslaughter, rape, sexual misconduct, etc.) and the victim was either under the age of 16 or the child named in the petition;


• There is a reasonable probability that either the problems that led to the child's removal from the home won't be remedied or the child's continued relationship with the parent poses a harm to his or her well-being;


• Termination of rights is in the child's best interest;


• There is a satisfactory plan for care and treatment of the child following the termination of rights.

Courts in Indiana take child custody loss and parental rights termination very seriously. If you need legal assistance in either of these matters, contact us today.

Continue reading "Severe Addiction Could Cost Custody Rights in Indiana " »

Indiana's new parenting time guidelines place a high priority on communication, cooperation and civility between parents, for the sake of the child.

However, our Munster child custody lawyers know that this kind of relationship isn't always possible. Even if one parent strives to meet this standard, it really takes both people to ensure success.

Unfortunately, some people are burdened with toxic anger and bitterness, or they simply can't let go. It ends up spilling into their relationship with their co-parent, or sometimes the co-parent is the direct aim. Sadly, the people this ends up hurting the most are the children.

It's that kind of long-term psychological damage that the high court is hoping to avoid with its new parallel parenting plan, tailored specifically for parents it deems to be "high conflict."

There aren't hard-and-fast rules when it comes to the definition, but generally speaking, the court will label two parents as high conflict when:

• They argue constantly in front of the children;


• They often lay blame for their problems with the other parent;


• They make negative comments about one another to the children.


• There is a high level of mistrust and anger between parents;


• They can't communicate or cooperate with one another about the child;


• There is a pattern of ongoing litigation.

The courts approach these cases with the understanding that to let these situations drag on is going to cause the children to potentially develop emotional and behavioral problems. Many of these kids live in fear, they have low self-esteem and they come to believe they are somehow to blame.

In cases where one parent is the primary aggressor in this, the court specifically notes that such behavior "should not be rewarded by limiting the parenting time of the other parent."

The court recognizes that in most cases, a joint custody arrangement is preferable. But it's not realistic in parallel parenting cases. In most of these cases, we'll be dealing with a sole legal custody arrangement.

The main idea of parallel parenting is that each parent has a responsibility to provide for both the physical and emotional needs of the children and both are important to the child. Each parent must respect the other's important role in their child's life, even if they don't necessarily respect the parent personally. The needs of the child have to come first.

So the arrangement is that while one parent is "on-duty," the other parent is "off-duty." Whoever is on-duty is solely responsible for care and control of the child during that time. This limits the amount of contact the two will have with one another, except in cases of emergencies. The court specifically prohibits one parent from denying the other his or her time with the child due to:

• A minor illness;


• The child's hesitation or refusal;


• The child has somewhere else to be;


• The child isn't home;


• The noncustodial parent's lack of support payments;


• The custodial parent not wanting the child to go;


• Bad weather;


• Lack of clothing to wear;


• The other parent failing on other preconditions.

Parallel parenting agreements must be reviewed by the court every 180 days.

Continue reading "High Conflict Child Custody in Indiana Now Resolved Through Parallel Parenting " »

More than a decade in the making, the newest Indiana parenting time guidelines have been adopted by the Indiana Supreme Court, and are formally in effect as of March 1.

Our Gary child custody lawyers know that the updated version is child-focused and emphasizes parental cooperation in each child custody case.

However, the high court stresses that these guidelines are just that: a general foundation for how judges, parents, lawyers and advocates should approach the entire process. They aren't rules set in stone, so judges will still maintain a fair amount of flexibility for special circumstances or situations.

As of 2010, less than 50 percent of households in Indiana are those headed by both husband and wife. Nearly 15 percent are single households headed by mothers with no husband, while about half that are single father households.

In addition to underscoring to all parties that the core consideration through all of this is the well-being of the children, the 33-page document helps to resolve some of the areas of family law that were previously somewhat unclear or ambiguous in Indiana.

Up until now, family law judges were left largely to their own discretion in setting up a "reasonable" schedule for visitation. For many families involved, that often meant that you were at the mercy of the judge and her philosophy. In the end, that resulted in great disparities in visitation schedules throughout the state.

These guidelines are meant to institute greater uniformity. Additionally, the whole concept of "visitation" has basically been tossed out the window. What courts are now expected to help regulate and enforce is the amount of "parenting time" that each parent has with the children. It's a recognition that the time parents spend with their children is of greater value than just a "visit."

Some of the new guidelines specifically address matters of expanded technology with regard to parent-to-parent communications. For example, parents have to exchange e-mail addresses. Frequent communication by both parents regarding the child through phone calls, e-mail or video chats is encouraged.

Another area that received specific attention was communication between the non-custodial parent and the school system. There has historically been a lot of contention in this area because it was deemed the custodial parent's responsibility to inform the other parent about major events, parent-teacher conferences and grades. The new guidelines spell out that the non-custodial parent has every right to contact their child's school directly and to be informed about these types of things.

The court also strongly recommends that parents work out holiday schedules six months to a year in advance. Sitting down with a calendar and hashing it out ahead of time can avoid conflict. Additionally, there were a number of holidays that were added to the list of those that must be negotiated, including President's Day and Dr. Martin Luther King Jr. Day. New Year's Eve and New Year's Day are now considered a single holiday and the Christmas vacation is divided in two. Plus, the summer vacation is also now divided in two.

Historically, family law courts were slammed around the holidays, with a flood of parents filing complaints or requests to change the schedule. These guidelines are intended to reduce conflict around these times.

Of course, there will always be families where conflict is seemingly inevitable. The new parenting guidelines have an entire section devoted to those who fall in this category. "High conflict" parents are defined as those for whom there is a pattern of ongoing anger, mistrust, inability to cooperate or communicate and litigation. In these cases, the judge can enact measures that will limit the parents' communication, with exceptions for emergencies. There are also designations for responsibility of the parent who is "on-duty" and the one who is "off-duty."

Your child custody attorney will be in the best position to explain these new guidelines and to protect the irreplaceable relationship you have with your child.

Continue reading "Indiana Child Custody Lawyers Talk New State Parenting Time Guidelines " »

In an eastern Indiana community, outside of Fort Wayne, law enforcement officials have made a series of arrests for possession, manufacturing, sale and distribution of methamphetamine.

Our Hammond divorce lawyers might not take particular note of that, but for the fact that one of the individuals arrested during a traffic stop had her two-year-old child in the vehicle. That child was subsequently taken into the custody of Indiana Child Protective Services, and then ultimately released to another family member.

Parents who have either been recently arrested or convicted of drug-related or other criminal charges may face a host of challenges when working to regain custody of their child. Custody isn't always taken after an arrest, but it can be, particularly if it's determined the child was at some risk or there is nowhere else for him or her to go while the parent is in custody. Child-endangering charges can also cause havoc with child-custody agreements.

Individuals grappling with this situation need a family law attorney who understands what is necessary to protect your parental rights.

As a general rule, courts are loathe to separate parents and children. It is generally not seen in the best interest of the child, even when the conditions of the home or the background of the parent is less than idea.

That said, the court, in acting in the best interests of the child, is going to look at the following:

• The parents' wishes;


• The age and sex of the child;


• The child's relationship with his or her parents, siblings and extended family members;


• The child's adjustment to home, school and community;


• Whether there is a history of domestic violence;


• The parents' mental, physical and emotional health;


• The parents' ability to financially care for their child.

No one aspect will necessarily decide a case definitively, but a drug arrest could certainly hurt your case. At the very least, it may take longer to prove to the court that you are, in fact, a fit parent, capable of providing a stable and loving environment for your child to thrive.

You may find that certain requirements you must meet in order to regain custody of your child may also be mandated by the criminal court judge. However, it often shows initiative and reflects favorably if you do it on your own without prompting. For example, if you enroll yourself in a drug treatment program that requires regular drug testing - before you are court-ordered to do so - it may show you are serious about getting clean and getting your kids back.

Likewise, the family court may at some point require you to get and keep a job in order to get your child back. But if you can do this before the court has to tell you to do it, it may improve your chances.

If you have another relative, such as a parent or grandparent, who is fighting you for custody of your child, it may make your battle more challenging. But again, the state courts recognize that the bond between a parent and child is important, and if it's possible to maintain it while keeping the child safe, the court will strive to do this.

Still, you need an attorney on your side who will advocate for your best interests and those of your children, who need you.

Continue reading "Regaining Indiana Child Custody After Drug Conviction " »

In an effort to streamline the way Indiana courts handle contentious child custody cases, the Indiana Supreme Court will convene next month to decide whether to adopt a 33-page set of new guidelines prepared by the Indiana Judicial Conference.

The panel, comprised of state trial court judges, was charged with hammering out a plan that would help reduce conflict in the most bitter of child custody battles.

Our Hammond child custody attorneys know that most parents have the best interests of their child at heart - and that's what the court's goal is as well. In the majority of cases, parents who may be slightly more amicable will probably be given a plan under Indiana's "Parenting Time Guidelines." These are basic principals of the court that hold it's usually best for the child to have frequent and meaningful contact with each parent.

Under Parenting Time Guidelines, parents are expected to keep civil contact with one another, keep one another apprised of their contact information and should communicate directly with one another - not through the child. Additionally, each parent is allowed to have private communications with the child, and be given reasonable access to the child by telephone at all times. These rules also outline how the courts can break down who transports the child to and from visits, how much time each parent gets with the child and when, how to handle school activities, school records, medical records and decisions regarding holidays.

Failure to comply with the agreement as laid forth can result in a parent being held in contempt of court and potentially facing criminal penalties under Indiana Code 35-42-3-4, kidnapping.

Of course, it rarely comes to that, and most parents work out a plan that generally fits their lives, even if it must occasionally be revisited.

However, there are the cases where parents can't seem to agree on anything. These would be in cases in which there is:

• A pattern of ongoing litigation;


• Chronic distrust and anger;


• An inability to communicate civilly about the child;


• An inability to cooperate in the care of the child;


• Other behaviors that place the child's well-being at risk.

In these cases, the panel determined, the court may adopt what is called a parallel parenting plan, as opposed to the regular Indiana Parenting Time.

The guidelines are too numerous to name each individually, but they generally involve a focus on allowing each parent to do their job as parents without interference from the other during the time the child is with them. The court would call this being "on-duty."

The "on-duty" parent would have a say over the day-to-day decisions and control of the child. This also means that neither parent is allowed to schedule activities for the child during the time the other parent is on-duty, without some kind of prior approval from the on-duty parent.

Just like in Parenting Time, the child is not to share any of the responsibilities for communication or decision-making.

It also spells out exactly how holidays are to play out. For example, on Thanksgiving, a child will spend from two hours after school that Wednesday until that Sunday at 7 p.m. with the father on odd-numbered years, and conversely with the mother on even-numbered years. Additionally, Martin Luther King's Day and President's Day are added to the list of holidays that are included.

These enhanced guidelines may help some parents who can't seem to reach agreements otherwise, but you will still need an experienced child custody lawyer in your corner.

If the Indiana Supreme Court adopts the parallel parenting guidelines, they will go into effect early next year.

Continue reading "Indiana Supreme Court to Consider Revamping Child Custody Rules " »

It was recently reported that Levi Johnston, ex-boyfriend of Sarah Palin's daughter, Bristol, is filing for sole custody of their 3-year-old after the child appeared on a reality television show using a homophobic slur, cursing and generally behaving badly.

Our Munster child custody lawyers know that he will probably need more evidence than that - as well as a good attorney.

Johnston was said to have been "disgusted" by what he saw on Bristol's new show, and is fed up with what he said are strong-arm attempts to keep him from his son.

However, courts are generally quite reluctant to take a child away from his or her custodial parent, particularly when that parent is the mother.

That's not to say it's impossible, and parents do have a responsibility especially in extreme cases (i.e., abuse, neglect, drug use, an unstable home environment) to take action to protect their children.

Most family law judges are interested in establishing an equitable child custody arrangement from the beginning. This is usually done using the legal evaluation of what is considered the "bests interests" of the child.

Some of the aspects that the court evaluates will include:

• The physical and mental health of a parent;
• A parent's lifestyle habits;
• Whether there are risks of neglect or abuse;
• Whether the parent is able to fulfill basic needs for the child, including providing food, shelter, clothing, educational and emotional support and medical care;
• Whether a parent is able to provide a continuity for the child with regard to where they live, what school they attend, what religious organizations they are involved in and other social activities;
• Depending on how old the child is, his or her personal preference may also be considered.

That said, there are several different types of custody. The two most common are sole custody and joint custody.

Sole custody is where the child or children spend the majority of time with one parent. As a parent with sole custody, you may be more readily able to get permission from the court to relocate and you will also have the right to make major decisions about the child's medical care or education without having to consult with the other parent. Additionally, the other parent may not have access to school records, activities or medical records.

This type of custody is usually only preferable to the court when it is done to protect the child from certain risks presented by the non-custodial parent. These would include things like an alcohol or drug dependency or a parent who has an untreated mental disorder.

There was a time when sole custody was almost always awarded to the mother, but attitudes and tides are shifting in this regard.

Now, joint custody is the preferred option. Joint custody is an arrangement whereby both time with the child and decision-making regarding the child is shared by both parents.

Regardless of which type of custody you are hoping to be awarded, having a skilled attorney on your side is your best chance for a favorable outcome.

Continue reading "Many Factors Considered in Indiana Child Custody Cases " »

It may seem as if the divorce settlement reached by celebrities Tom Cruise and Katie Holmes was lightning fast, but our Indiana divorce lawyers understand that it had a lot to do with prior planning on Holmes' part.

Forming a solid divorce plan with your attorney before you ever file a single piece of paperwork or even tell your soon-to-be-ex isn't sneaky - it's smart.

Plus, it may allow you to avoid becoming ensnared in a lengthy and emotionally scarring battle if you have a better grasp of your rights, what you need to ask for and what you're likely to get. Even for those with children, divorce needn't be a messy or complicated affair - if you take the time to plan ahead.

By the time Holmes had filed for divorce late last month, she had already hired three, high-profile family law attorneys in different states. The divorce settlement was reached just 11 days after she filed. But that doesn't mean it took only 11 days of work.

The details of that agreement have been kept confidential.

Fast settlement agreements, like the one reached by Holmes and Cruise, are often best-suited for couples who can agree on most of the major points. In general, we may see a shift in divorce cases, with couples more leaning toward this method, perhaps because many are children of divorce themselves, and understand how damaging an ugly, drawn-out battle can be.

Still, there is a lot you may not have considered - everything from how your taxes will be filed and who will claim dependents to how you will split your nest egg. This may be easier if you've kept primarily separate accounts, but there is almost always some untangling that needs to be done no matter how autonomous both parties have been throughout the marriage.

Of course, divorce cases are as varied as the marriages that spawned them, but generally speaking, quick resolutions can help you begin your new life sooner, and with no ill effect, provided planning has not been sacrificed to speed.

Once a divorce settlement is reached, there are sometimes disputes that arise with regard to that settlement, which must be resolved before a family law judge. High-profile examples of this include Supermodel Christie Brinkley and her ex-husband Peter Cook, who were battling over property in New York after their divorce settlement, when details emerged about Cook's affair with a teenager. Actors Alec Baldwin and Kim Basinger too have returned to court multiple times to address child custody issues.

There's no guarantee new issues won't arise, but again, the best insulation you have against that is careful planning before you file.

Some good first steps if you're considering a divorce include:

1. Meeting with a skilled divorce attorney.

2. Making copies of all important records and documents, including bank statements, tax returns, life insurance policies, credit card statements, mortgage documents, wills, etc.

3. Make an inventory of all your family possessions and household items - anything of value, including artwork, jewelry, furniture, appliances, vehicles, etc.

4. Have a solid grasp on your household expenses and budget and know exactly what your spouse earns. Document as much of this as possible.

5. Start saving money of your own as soon as you begin to consider a divorce. This will not only help with legal fees, it will ensure a more stable future as you embark on a life on your own.

Continue reading "Reaching a Speedy Indiana Divorce Settlement Requires Planning " »

Anyone who has worked through an Indiana child custody plan will tell you that there are a great deal of considerations and challenges.

Those challenges can be magnified tenfold when one of the parents is actively serving in the military.

Our Indiana child custody lawyers know that when a military member is frequently on active deployments, it not only makes establishing arrangements more difficult, but it can leave the service member with few legal options when custody disputes erupt.

Now, a national legal panel that aims to make state laws more uniform is targeting child custody laws, as they relate to active military members. The Uniform Law Commission, with attorneys representing all 50 states, met recently in Tennessee to give the final rubber stamp on the Deployed Parents Custody and Visitation Act.

It's not a law - but it could be. It's a set of standards that states can choose to adopt in order to level the playing field for military parents and make child custody arrangements more fair. The hope is that state legislators will take action. Of course, there is always the possibility that individual states could tweak certain aspects of the proposal.

The problem, the commission says, is that child custody laws aren't consistent from state to state when it comes to military members.

Some of examples of problems that family courts have had to contend with include determination of jurisdiction when a military member is based in another state, whether grandparents or stepparents are allowed visitation rights if the military member is on active deployment and whether the temporary visitation and custody arrangements that are in place when the military member is on leave should be made permanent once he or she is home for good.

One case that's been cited as illustrating how troublesome these problems can be is a Navy officer whose wife was pregnant when he was deployed five years ago. The pair lived in Virginia at the time, but then during his deployment, she left him and moved to another state and reportedly refused to allow him to see his infant daughter. When he filed for custody in his home state, the judge told him he did not have jurisdiction because the officer had been given military orders to leave Virginia.

Unfortunately, a problem in a lot of state courts is a lack of understanding regarding the Servicemembers Civil Relief Act, which was passed in 2003 and suspends certain civil actions for soldiers who are deployed on active duty. While it doesn't expressly include protections in child custody cases, there has been talk of adding that aspect to the law. A U.S. Representative from Ohio has tried for the last seven years to pass a federal measure that would bar courts from using active deployments against service members in family court.

Part of the legal guidelines drafted by the commission include the stipulation that a parent's absence from a state due to deployment should not mean that their home state doesn't have jurisdiction over the custody issue.

Continue reading "Guidelines Proposed for Military Parents Embroiled in Child Custody Cases " »

Child custody cases in Indiana can be contentious no matter what the make-up of the family.

However, Indiana child custody attorneys realize that there are unique challenges for families headed by a same-sex couple.

Indiana is not among those states that has approved same-sex marriage, and it is not allowed under federal law according to the Defense of Marriage Act, also known as DOMA. However, a federal appeals ruling last week in Massachusetts (Commonwealth of Massachusetts v. United States Department of Health and Human Services, et. al.) has struck down a key portion of DOMA, saying that for the federal government to deny legally married, same-sex couples health benefits is unconstitutional.

Now, this doesn't directly affect Indiana - yet. That's because gay marriage is not legal here anyway. But this ruling could have sweeping implications when the case reaches the U.S. Supreme Court, which is likely to happen, although it's not clear exactly when.

In the meantime, same-sex couples in Indiana still struggle with how to legally sort through issues of domestic partnerships, child custody and other matters. While some straight couples choose prenuptial agreements prior to marriage, the fact that same-sex couples don't have the option of getting married in Indiana means they need to seek out a family law attorney who can help ensure their interests are protected - particularly with regard to the children.

Otherwise, what ends up happening is that if the union ends, the one biological parent may get sole legal custody of the child, while the other parent may have no legal rights.

In states where gay couples are allowed to marry, the costs for just about everything family-law related is higher. Consider divorce, for example. Let's say a legally married gay couple splits. The family court judge orders one spouse to pay spousal support. However, because the union was never recognized by the federal government, that support can not be deducted from federal taxes, as it could be if the two people were of the opposite sex. That could end up costing thousands more dollars in the long run.

Also, same sex couples end up requiring more estate planning. Take for example a same-sex couple who had been married in California, but then moved to Fort Wayne to look after a parent. The pair were able to purchase their home outright, but the state comes down hard on so-called unrelated heirs. This wouldn't be an issue if the couple were straight, but because Indiana doesn't recognize the marriage as legal, the pair have had to purchase expensive life insurance to cover the taxes on the house, so that when one passes away, the other will be able to keep the home.

That law in Indiana is thankfully being phased out, but according to federal law, many same-sex couples are still penalized with heavy taxes when they inherit property from their spouse.

End-of-life decisions are also a challenge, as certain states do not recognize a same-sex husband or wife's right to make decisions for their incapacitated spouse - a right automatically granted to straight married couples. The only way to spell it out is to establish healthcare and financial proxies, wills and powers of attorney.

Continue reading "Indiana Child Custody, Other Issues a Challenge For Same-Sex Splits " »

Indiana divorce attorneys know that the whole process of separation and divorce is emotionally draining. Some days, it can seem a lot easier to just to check out - and not show up to court.

Pennington v. Pennington illustrates why this is not a good idea in an Highland divorce case.

This was a situation out of Georgia - and divorce laws vary a great deal from state to state - but the basic principles of this case are still relevant.

The couple were divorced pursuant to a final judgment, which was granted after the wife failed to show up to court for a final hearing regarding child custody. The wife appealed the custody order that was ultimately handed down, but the higher court upheld the original decision, finding no error.

In this case, the couple had been married for 13 years. After that time, the wife filed for divorce, saying that the union was irretrievably broken. The husband also filed for a divorce.

A status conference on the case was held in November of 2010, in which the court indicated it would hold a jury trial sometime the following month. It also underscored to both sides that the Friday prior to the Monday of jury selection for the trial, there would be a final hearing to determine child custody. This is standard practice in Georgia. The day after that status conference, notice was mailed to both sides that the jury trial would be held on December 13. There was also a notice sent to both parties that the final child custody hearing would be held December 10.

On December 9, the husband and wife met outside of court to discuss the custody agreement. However, the wife reportedly refused to sign it.

The following morning - the day of the hearing - the husband reportedly discovered a note on his car windshield that was apparently signed by the wife that said something to the effect that she wanted to agree to the settlement.

However, she chose not to go to court that morning. She didn't call the court to tell them she wouldn't be there. And the court couldn't accept the handwritten note as proof that she had signed off on the agreed settlement.

Without her in the courtroom that day, the judge said he had no choice to but to disregard her pleadings from the docket, which meant he then entered a judgment in favor of the husband, awarding him sole custody of the children.

Now, this would be a crushing blow to anyone. But it didn't have to happen.

The wife tried to argue subsequently that the court was trying to punish her for not showing up by taking her children and her property. While this may certainly seem like a harsh move, it was not outside the bounds of the law, as the appellate court later decided.

Specifically, the wife was in a vulnerable place and failed to cooperate with the system. Having a qualified divorce attorney at every step of the proceeding is critical to ensuring your interests - and those of your children - are protected.

It is also equally important to make sure that you show up for every court date which you are compelled to attend.

Continue reading "Pennington v. Pennington: The Importance of Showing Up to Divorce Court " »

Indiana child custody attorneys wonder if sometimes, we give less say to children than they deserve.

Of course, we know that child custody proceedings don't always have to be acrimonious - and in fact, we do handle all of our cases with the recognition that these are children's lives we're talking about. And children, as we know, don't always recognize what is best for them.

For example, one parent may spoil with lavish gifts and trips, but is not actually fit to care for the child on a 24-7 basis. That can be extremely frustrating for the other parent involved, especially when the child begins to express favor toward the mostly-absentee parent.

However, a recent column written by family therapist Ruth Bettelheim indicates that perhaps we should be ceding some of the say to our youngsters in these cases on a more regular basis.

The issue she really gets at is maybe not so much when child custody arrangements in Indiana are first made. Most parents, even in bitter custody battles, do deep down want what is best for the child - the question is determining what the "best" looks like.

The issue, Bettelheim says, is more when that custody agreement stays stagnant. Essentially what works for a 3-year-old isn't going to necessarily work for a 12-year-old or a 15-year-old.

But because it may be painful for us as adults to visit, we leave it alone, despite the fact that the current situation may not actually be what the child wants or what is best.

For example, let's say you're a 14-year-old whose parents divorced when you were 6. When it first happened, you may have been fine to shuttle to your dad's house two hours away on the weekends. But now that you are wanting to spend more time with your friends, it seems unfair that you spend weekends two hours away. You may be loath to bring it up with your parents, though, for fear of drudging up past hurts.

Plus, kids have an innate desire to please their parents. They don't want to disappoint them, so they will suppress expressing what it is they actually want so that they won't have to feel guilty for "choosing" one parent over the other.

Sometimes, it's not even so much that one parent may get more time than the other, but that everyone could benefit from some form of modification.

And while some couples may be able to work together to come up with an agreement on their own, old wounds may prevent them from truly being civil with one another. This is where it can really help to bring on an experienced child custody lawyer, who can review all the details of the case and make a new transition as painless as possible.

What Bettelheim proposes is the institution of a mandatory review every couple of years to all child custody cases. She says that doing this - and allowing each child the opportunity to speak privately with a court mediation attorney - would help ensure that the current situation is working for everyone, child included.

However, it isn't likely that this kind of sweeping legislation would be put into effect anytime soon.

That doesn't mean, though, that parents can't take the initiative. It may be somewhat painful at first, but revisiting the custody situation every few years - hearing out your kids and analyzing the scenario from a place of objectivity - can only serve to benefit everyone in the end.

Continue reading "Indiana Child Custody Attorneys Encourage Regular Evaluation of Custody Plans " »

Highland child support attorneys expect significant action in the area of child support modification orders after a new state law takes effect in July, which lowers the cutoff age for receiving support to 19.

Lawmakers this year lowered the emancipation age from 21 to 19.

Support for education expenses are exempted from the new law. The law takes effect July 1 and applies to all child support orders, according to Sen. Brent Steele, R-Bedford, who sponsored the bill. The measure made few waves amid a full legislative session that included full-day kindergarten and government reforms. But actually represents a major change in the law governing Indiana divorce and child support.

Warrick County Superior Court Judge Robert Aylsworth told the paper lowering the emancipation age is "an enormous change" that will likely result in a surge of child support modification requests and orders.

While child support is calculated using a formula set by the state, the new order means a paying parent may only be subject to the order until a child turns 19. Income and the amount of time a parent spends with the child are also factored in -- primary reasons why most child support modification orders are requested.

The change in law will likely prompt many to seek a modification order for that reason alone. Those seeking a reduction, or parents concerned support for their child may be impacted, should speak to an experienced child support lawyer. July is right around the corner and the law change will likely impact many families and young adults throughout Indiana.

Only two states and the District of Columbia continue to extend child-support orders to age 21. While there is some question about whether Indiana intended its law to be retroactive, divorce attorneys in Highland and elsewhere say it should apply to all child support orders.

The exemption for educational expenses is another bone of contention. Can a child's living expenses be considered if a child is in college but living at home? These and other questions are best answered by an experienced family law attorney. But the change in law is a clear victory for many parents who will not have to continue paying child support for an additional two years.

Others argue existing support orders should be honored. And that many fathers no longer pay after age 18 anyway. That fact waters down Indiana's overall child-support collection rate, and thus impacts federal funding.

Another issue with the education exemption: Those who have support orders in place before July 1 can still file for educational needs until age 21. But those with support orders after the law takes effect must petition for educational needs before age 19, when the support cutoff would take effect.

Continue reading "Highland Child Support Attorneys Handle Modification Orders after New Age 19 Cutoff " »

The state's court of appeals recently issued a ruling on an Indiana child custody and support case.

As our Highland divorce attorneys understand it, the case of Miller v. Carpenter involved a couple with two children - an 8-year-old son and a 10-year-old daughter - whose divorce was finalized in 2008.

According to court records, the two reached a child custody settlement in which the mother would have sole legal custody and primary physical custody of the kids. The father would then get them every other weekend and then one overnight visit mid-week. For special occasions and holidays, the pair agreed to work it out according to the Indiana Parenting Time Guidelines, which lay out a very specific schedule for everything from Mother's and Father's Day to Christmas to the child's birthdays.

Further, the parents agreed that the father would receive child support credits for 98 days, rather than the approximately 130 days he actually had them (meaning he was technically paying more than he had to).

Then in mid-June, the mother filed a notice that she planned to move. While the father didn't oppose this relocation, he did request that the custody arrangement be modified. He wanted joint custody that would allow him to spend Sunday evenings with his kids, as well as the ability to pay less in child support. This would be based not only on the increased time he was spending with the children, but also on the fact that the mother had remarried, and therefore her financial situation had changed from the time of the first order.

The father argued that he felt out of the loop in parental decisions. The mother argued that the child support shouldn't be lowered because the father worked full time, yet wasn't even paying rent to his parents, with whom he lived.

Ultimately, the trial court ruled in the father's favor. Citing Indiana Code Section 31-17-2-15, it ruled that because the parents could communicate without being hostile, it would be in the best interests of the children to award joint legal custody, as well as overnight stays on Sundays, and additionally reduced his support payments from about $250 a week to $150 a week, based on the increased amount of time he was spending with the children and the fact that the mother's pay had increased and the cost of child care had gone down.

The mother appealed this decision, arguing that the lower court had abused its discretion by modifying the legal custody order, which as a result changed the physical custody order, and challenging whether the court abused its discretion by reducing the father's support payments. The mother said the fact that she had moved wasn't reason enough to make any of the modifications that were made.

The appellate judges in turn decided that the lower court did in fact err on the issue of joint custody because not enough had changed to warrant a full modification. They did, however, maintain the lower court's ruling on the amount of time the father could spend with his children because more time with him was in their best interest. Further, they said the modifications to the child support payments were warranted because:

1. The father had been initially paying about 20 percent more than he was obligated to in the first place;
2. More than a year had gone by since the original order.

While this case doesn't establish anything extraordinarily groundbreaking, what it illustrates is that Indiana child custody and Indiana child support issues are constantly evolving. People get hired and laid off and promoted. People move. People remarry. People change. And any of these circumstances can warrant another look at the original order.

Continue reading "Miller v. Carpenter: Indiana Child Custody and Support Ruling " »

Many people may equate a contested divorce in Indiana, with bitter arguments swirling around issues of child custody, alimony, property division and so forth.

A new trend, however, is being observed by child custody attorneys in Indiana and across the country: pet custody.

There are a number of theories behind this. Many people are having children much later in life than earlier generations. While these couples are waiting for the perfect time to enter into the lifelong commitment that is parenthood, they are less choosy about buying a pet together. These animals become members of the family, with both parties deeply invested. When the couple splits, the custody fight can be nearly as contentious as if it were a child.

Another reason for the growth of this type of disagreement stems from the increase in same-sex marriages. While Indiana does not allow this type of union, among states that do, this is an issue that is skyrocketing in prevalence.

The Associated Press reports that in a recent survey from the American Academy of Matrimonial Lawyers (AAML), more than a fourth said that cases involving pet custody have increased a great deal since 2001.

Often if there is a child involved, a judge will place the pet in the primary home of the child.

The question more frequently being raised, however, is: What if the animal is the child?

In all 50 states, animals are considered property. That means that judges and mediators have been working to divide them up just as they would the furniture or the beach house.

However, it seems that is changing. Ken Altshuler, president of the AAML, said judges are beginning to change the way they see the issue. They are starting to recognize the strong emotional attachments that people have to their pets, and therefore, it's being given a greater consideration under the law.

It may have been years ago that people were somewhat ashamed to battle for custody of a pet. Society may have viewed the animal as not much more than a life accessory. That's not the case anymore.

There have even been cases in which people split custody of the animals, with visitation schedules and all - much like they would in any Indiana child custody case. Usually, though, that is something that has to be worked out by the parties themselves.

Steven May, a pet consultant, even wrote a book about the issue, which he and his ex-wife wrestled with following their divorce more than five years ago after more than 15 years of marriage. They have since worked out an arrangement in which they share custody not only of their daughter, but of their pets.

It may seem strange to some, but any pet lover will tell you that a divorce is even more traumatic when you are facing the prospect of losing every aspect of the life you had - including your beloved pets. An Indiana divorce attorney can help you explore all your options, and figure out the best - and hopefully most amicable - solution for you.

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