That seems to be a question that we hear more and more from potential clients. First, it is important to define what it means when parental rights are terminated. If parental rights are terminated it means that a parent no longer has any legal, social, or financial responsibility for the child. The parent would have no right to custody or visitation with the child, nor would they have a financial responsibility to support the child. …
Once you have decided to divorce, one of the first things you may think about is property division. Before division of assets and debts can be determined, you first must determine what is, or is not, marital property. Some common misperceptions are (1) if a piece of property is titled in one spouse’s name, it will go to that spouse and the other spouse has no claim to that property; (2) if property was acquired…
While the short answer to how property is divided in a divorce is equally, that may not always be the case. Indiana is an equitable division state. Indiana Code states that property shall be divided “in a just and reasonable manner.” I.C. § 31-15-7-4(b). However what is “just and reasonable” is not always clear. Ind. Code § 31-15-7-5 sets forth the presumption for equal division of marital property and the rebuttal, as follows: The court…
The Fifth amendment right against self-incrimination was made famous in the Supreme Court’s decision in Miranda v. Arizona. This case set out the framework for the now well known “Miranda warning.” This warning should be read to individuals that are (1) in police custody and (2) subject to police interrogation. Most people are familiar with the following advisement derived from Miranda: “You have the right to remain silent. Anything you say can and will be…
On any sex-related offense in the state of Indiana where a defendant is placed on probation, barring some extremely limited circumstance, there are always Indiana Special Probation Conditions ordered for Adult Sex Offenders. That leaves a lot of people asking themselves what is required of them while on sex-based probation. While many of the same conditions of probation for general probationers are the same, typically there are additional, more intrusive restrictions placed on Adult Sex…
I.C. Code Offense Special Circumstances 35-4—4-1 Rape None 35-42-4-3 Child Molest Must be a Class A or B felony(under old law) or level 1, 2, 3 or 4 felony under the current law. 35-42-4-5 Vicarious Sexual Gratification, Fondling in Presence of Minor This statute includes causing or directing a minor to fondle their own person, encouraging or causing a minor under 16 to have intercourse with another minor under 16, or an adult fondling themselves…