Articles Posted in Indiana Child Custody

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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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