indiana family law attorney

July 15, 2016

Martinez v. Cahue – Child Custody and Relocation to Another Country

In Indiana, when a custodial parent wishes to move either out of state or out of the country, he or she needs to comply with Indiana Code Chapter 31-17-2.2, which requires notification of the courts and the other parent. The law applies whether parents are divorced, separated, or never married.

In cases where the intended move is extremely far away – across the country or overseas – both parents involved should consult with an Indiana child custody attorney because the ramifications of such a move can be major. The court cannot prohibit someone from moving, but it can restrict a parent from taking the child with them. And in the event you are the non-custodial parent, it’s important to consult with a lawyer if you wish to oppose an ex-spouse’s move or modify an existing custody arrangement. Failure to do so in a timely manner could complicate your case, and taking matters into your own hands could put you at a legal disadvantage.

Take the recent case of Martinez v. Cahue, an appeal before the U.S. Court of Appeals for the Seventh Circuit, which has jurisdiction over all of Indiana. This was a case involving an appeal from the U.S. District Court for the Northern District of Illinois, Eastern Division. According to court records, a young boy lived exclusively with his mother up until the age of seven, although his father lived nearby and saw him often. Mother and father had their own custody, visitation, and support arrangement, though it was never formalized by a court order. Then, when the boy turned seven, his mother moved to Mexico, her native country, and he went with her. Continue reading

June 25, 2016

Sieglein v. Schmidt – Child Support of Baby Born Via In Vitro Fertilization

by Burton A. Padove

In 2016, there are many different ways of becoming a parent. Beyond the so-called “traditional method,” there is adoption, surrogacy, and in vitro fertilization.

With the advancement of technology, the legal sphere has been slower to catch up, but there has been some precedent set to settle disputes that arise.

The recent case of Sieglein v. Schmidt dealt with one such example, recently weighed in on by the Maryland Court of Appeals. The case had to do with establishing paternity when a woman who was married to a man who’d had a vasectomy became pregnant via in vitro fertilization (IVF). This is a type of assisted reproductive technology that involves manually combining the sperm and egg in a laboratory dish and then implanting that embryo into the uterus. Continue reading

June 17, 2016

Nolan v. Huff – Paramours Complicate Indiana Child Custody Cases

by Burton A. Padove

When it comes to issues of parenting rights, child custody, visitation time, and child support, there are many sensitive and complicated angles to consider.

One that Hammond family law attorneys sometimes see crop up is when one parent becomes involved with a new paramour, be it a boyfriend or girlfriend or a new legal spouse. It may be uncomfortable for the ex-spouse; beyond that, it could mean changes in the previously agreed-to parenting plan. That’s why it may be wise to avoid inviting new love interests to spend extensive time with one’s children until the developing relationship becomes more serious.

There have been a significant number of cases in which a parent will apply to limit the amount of exposure children have to their ex-spouse’s new boyfriend or girlfriend. In some cases, this desire arises out of legitimate concern, either a fear that the child will form too close an attachment too quickly, or a worry about the child’s safety due to the paramour’s history. In other instances, it’s simply done out of spite or jealousy. Continue reading

April 13, 2016

Man Protests Child Support Order to Pay for Child Not His

by Burton A. Padove

A man in Iowa at first thought it was a joke when a letter arrived from the state ordering him to pay child support for a 1-year-old born to a woman he hadn’t seen in 17 years.

But it was no laughing matter.

The case came about because, as The Daily Mail reported, the man was still legally married to that woman, his long-estranged wife. The pair had never formally divorced. In Iowa – just like in Indiana – a woman’s husband is the presumed father if:

He and his wife were married when the child was born;
The child is born no later than 300 days after the marriage ends.

January 17, 2016

K.R. and T.R. v. Indiana Dept. Child Services – Termination of Mother-Child Relationship

by Burton A. Padove

Termination of a parent-child relationship in Indiana is done through judicial proceeding that will forever end the legal, social and financial relationship and responsibilities between a parent and child. It means that all power, privilege, immunity, duty and obligation to that child by the parent is totally gone.

Parents can choose to voluntarily terminate their parent-child relationship, but only when the action is initiated by the Department of Child Services or an adoption agency. Cases if involuntary termination are initiated by DCS. Continue reading