The Attorneys at Dixon & Moseley, P.C.
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Table of Contents What Is the Modification of an Existing Child Custody Order? Physical Relocation of a Parent Common Issues When Modifying Custody Reasons a Judge Will Change a Child Custody Order Evidence That You Meet Requirements for a Change in Custody Potential Pitfalls of Handling Your Case Outside of Court The Other Party’s Options to a Modification Order Do…
While most people who intend to divorce or are divorcing in an Indiana trial court with children have a general sense that the court must determine custody, few have an adequate understanding of the components of child custody. There is physical custody and parenting time as well as legal custody. Physical and legal custody may be divided equally between the…
Parental alienation is just what it claims to be.1 It is a parent (usually the custodial parent if the parties are divorced or the child is born out of wedlock) who engages in a systematic campaign to denigrate the other parent and make the child(ren) of the parties afraid of the other parent. Unfortunately, with children of a young age,…
For many reasons, parents of children of divorce or paternity become estranged from their child. Psychological research shows that children are the most developed and have the best adult lives when they have a solid relationship with both parents. It may be a significant out-of-state move and/or re-marriage that has caused the split or, in some cases, it may be…
In all child custody litigation—the original determination by a court or in passing on a modification petition—the trial court always looks at what is in the child’s best interests. In making its initial determination to award physical custody, there is no preference for either parent. With a modification, a substantial change in circumstances must be established and be in the…
Courts routinely order custody evaluations in cases so a person trained with what is key in a child’s psycho-social development can investigate the case and speak with the children and make a custody recommendation to the court of what is in the child’s best interest. Some judges place great value on a custody evaluation and others do not. Nevertheless, if…
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…
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…
In high conflict custody cases, it is common to have a forensic Ph.D. level custody evaluator conduct an evaluation and make recommendations to the court as to who should have custody in the child’s best interests. These evaluations result in a written report. However, no professional is accurate all of the time, and occasionally an errant report issues. In short,…
Indiana trial court judges are tasked with the duty to make sure that at the time of divorce (or paternity) adjudication the children’s best interests are met. If the parents have an agreement on custody and it is not contested, they may infer that agreement of the parties is in the children’s best interests. However, where physical and/or legal custody…