During custody cases, people like to use the concept of "attachment" when discussing what type of arrangement might be in the child's best interest. But what does that mean and is it really the most useful guide for discussing custody? In general, people use...
Month: April 2016
Court of Appeals of Indiana rules on biology vs. best interest of the child
Indiana courts have long held that in custody issues, the best interest of the child should be their primary concern. A recent case before the Court of Appeals of Indiana puts that idea to the test. In G.S., Jr. vs. H.L., the court had to choose between a child's...
When do you need a second parent adoption in Indiana?
The laws regarding same-sex marriage and parents have changed rapidly over the last decade. Our state has gone from offering very few rights to same-sex couples to embracing nearly full equality. This transition has left a few holes in our legal system, however. Many...
Court affirms grandmother’s custody rights over mother’s objections
The legal standard for custody decisions in divorce cases is the best interests of the child. Sometimes that means custody may go to a third party, like a grandparent – even when a parent is available. For example, in In Re the Matter of: Paternity of W.M.T. (Ind....
What is “collaborative” divorce?
Traditional litigation is not the only way to resolve divorce issues. Depending on your circumstances, negotiation or mediation can be effective approaches. You may have also heard, however, of a procedure called collaborative divorce. What is that procedure and why...
Does your divorce require a QDRO?
Many people going through a divorce have much of their assets tied up in their retirement accounts. Despite the fact that your retirement account is in your name, that is not enough to protect it in a divorce. Indiana law treats all assets as marital property and will...
New guidelines for parenting time during a health emergency
The Indiana Supreme Court recently issued new and amended guidelines for how parents should handle their parenting responsibilities during the pandemic or another health emergency. The keys are to be flexible and cooperative and to promote the health and best...
Grandparents must establish certain factors to win visitation rights
Grandparents often play a special role in the life of a child. In the past, however, they did not have a right to see their grandchildren under common law. Many states have changed that. Indiana has recognized grandparent visitation rights since 1982. The Indiana law...
Be careful what you post on social media
Evidence derived from social media, text messages or email can be admitted as evidence as long as it is relevant and there is evidence showing it is authentic. That means your Facebook posts, Instagram rants, tweets and other electronic communications could be fair...
Is a gender marker change in the child’s best interest?
The Court of Appeals of Indiana, the state's second-highest court, recently decided a case examining the question of whether allowing a minor to change their last name and gender marker on their birth certificate was in the child's best interest. More specifically,...
