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…
With most legal matters, the decision of the court (normally made by the elected judge) is final, and unless reversed on appeal, the parties will never be heard or dispute matters related to that lawsuit again. However, not in divorce (and paternity) cases.1 The divorce court maintains jurisdiction over the children of the divorce until they turn eighteen (18) years…
A commonly shared belief in our society is that children are often best off in the care and custody of their biological parents. The Supreme Court has stated that one of the oldest fundamental rights in the United States is a parent’s right to the “care, custody, and control of their children.”1 While this right is fundamental, like most everything…
Unfortunately, situations arise in our society where a child’s biological parent(s) may no longer be the best person to raise the child. If such a situation is present, there are different avenues a third-party can utilize in order to seek custody of a child in lieu of the biological parent. One of the ways in which a third-party can seek…
A commonly shared belief in our society is that children are often best off in the care and custody of their biological parents. The Supreme Court has stated that one of the oldest fundamental rights in the United States is a parent’s right to the “care, custody, and control of their children.”1 While this right is fundamental, like most everything…
Everyone has heard of a “nightmare” child custody battle. Most other civil cases boil down to money. In some high conflict custody cases, the battle is about custody, joint custody, or additional parenting time beyond what is set forth in the Indiana Parenting Time Guidelines. This blog covers what courts consider in deciding physical custody and your options if you…
Everyone has heard of a “nightmare” child custody battle. Most other civil cases boil down to money. In some high conflict custody cases, the battle is about custody, joint custody, or additional parenting time beyond what is set forth in the Indiana Parenting Time Guidelines. This blog covers what courts consider in deciding physical custody and your options if you…
When a couple divorces or establishes paternity, no party is a preferred parent. In other words, there is no presumption favoring either parent.1 Under the law, a father is just as likely to obtain physical custody as a mother—and fathers do obtain sole physical or primary custody in Indiana and throughout the United States. However, the parents and or children’s…
Unfortunately, situations arise in our society where a child’s biological parent(s) may no longer be the best person to raise the child. If such a situation is present, there are different avenues a third-party can utilize in order to seek custody of a child in lieu of the biological parent. One of the ways in which a third-party can seek…
There are several studies and statistical data compilations indicating a growing number of children in the United States are being raised by third parties. These third parties range from grandparents to relatives or sometimes just a friend of a custodial parent. This person may become a “de facto custodian” and seek physical custody. To do so, he or she must…