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…
In most civil litigation, when you are sued, such as in a divorce, which is technically a complaint, you have to provide an answer to avoid a default judgment and losing.1 However, in divorce, there is no requirement to provide a cross-petition (or answer in a technical sense).2 Yet in a few instances, it may make sense to cross-petition. This…
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,…
Most litigants speak of custody loosely today and take it to mean who has the children, with the other parent getting Indiana Parenting Time Guideline time with the children and paying child support. In other blogs, we have posted materials to differentiate physical custody from legal custody and parenting time. This blog focuses solely on legal custody as more and…
In divorce and paternity cases, the term “custody” has a number of different meanings. If you are contemplating divorce or in the process, understanding this term is key. If you are divorced or paternity is established, you might think you understand the “custody” terms you agreed to in reaching an agreement or as ordered by the court; but if you…
In paternity and divorce cases, parties sometimes do not fully understand “legal custody.” Legal custody has nothing to do with who a child stays with for parenting time or custody. Instead, it is which parent(s) has the authority to make decisions about the child’s health, education, and religions decisions.1 If it is in a child’s best interests, the court may…
Over the past few decades, there have been significant strides in the area of science, and specifically in family planning. Persons wishing to have children are presented with more and more options than the traditional routes of being married and having a biological child. But what do these advances in technology and science have to do with the law? A…
During divorce, paternity, or subsequent custody proceedings, the issues of physical and legal custody are often the singular legal objective. Previous blogs have discussed the general distinction between physical and legal custody. Namely, that physical custody involves where the child sleeps the majority of the time, and legal custody refers to decision-making for the child. Legal custody is generally defined…
How to Decide What School Children Will Attend The Public vs. Private Debate Another school year is quickly approaching, if not already started for most children. With the ringing in of the 2012-2013 school year, conversations regarding children’s schooling and where children will attend school come to the forefront in domestic law cases. Where a child will attend school is…