The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Indiana divorce courts and judges operate under one critical presumption and one legal imperative. The presumption is that – in most cases – a minor child of the marriage benefits from spending significant time with both parents. This leads to a baseline presumption that joint custody – legal, physical, or both – is the best arrangement. Again, this is the…
Child custody in Indiana can take several forms. These include legal custody, sole custody, and joint or shared custody. Which child custody arrangement is most common? More importantly, how does an Indiana judge determine which child custody arrangement is appropriate? For starters, judges follow a mandate to order child custody arrangements that serve the best interests of the child. They…
Can a parent kidnap their child? Unfortunately, it is a common illegal occurrence. As difficult as it is when this happens within a single state or when the child is taken across state lines, international parental child abduction cases present additional challenges and fall under international laws, including the Hague Convention for member countries. With this in mind, here is…
Who is awarded child custody when parents live in different states? As child custody lawyers know, many factors can come into play. Even though courts act in the best interests of the child in custody matters, custody in different states is not always awarded by the same sets of court rules. Nonetheless, there are important common considerations to know upfront.…
In Indiana, there are several types of child custody, including legal and physical, joint, primary, and sole; of these, sole custody (also known as full custody) can be the most difficult to obtain. Because the court approaches child custody cases with a presumption that both parents have equal rights and responsibilities for raising the child, grounds for full custody must…
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…
Child custody arrangements vary widely between divorced couples (or those who have children born out of wedlock) and are decided by a court based on what is in the children’s best interests. Where the battle lines are typically drawn between the litigants is who gets “residential custody” of the children. Although the specific term “residential custody” is not found in…
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…
How does a judge determine the best child custody arrangement when each party in the divorce might have different views of what that means? Simply put, there are child custody guidelines judges work from when setting custody and visitation arrangements. Let’s look at some of the crucial parameters and consider how a typical child custody schedule for Indiana families is…
Child custody proceedings tend to be confusing and emotional times. Whether it be an initial custody proceeding or a modification of a pre-existing custody order, the process always seems to be draining on all involved parties. A lot of this can be attributed to the confusion surrounding initial custody determinations. However, you can relieve some of the emotional burdens by…