A common question comes up during and after a custody case: Am I allowed to move out of state if I have custody of my kids? The answer is, not surprisingly, it depends. In Indiana, relocating when there is an ongoing custody case or following a custody case is governed by the state statutes. In the last few years, the Indiana legislature has updated the law to make the requirements on a relocating parent less…
In Indiana, when parents are in a custody dispute, the Court has to make a decision that will impact their children and each of the parents’ relationship with their children. Specifically, the Court will issue an order that will cover the custody of the children. That order will include a ruling as it relates to legal custody and physical custody. When the Court talks about legal custody, the Court is talking about decision making on…
Since the groundbreaking civil rights victory in Obergefell codified same-sex marriage in 2015, same-sex couples across America have utilized the legal protection to build their lives and their families. However, there have been some recent insinuations from the Supreme Court that the legal principle of substantive due process may be getting a new, conservative-leaning interpretation. Substantive due process not only is one of the key building blocks that fortifies same-sex marriage but also interracial marriage….
Indiana is a no-fault state, meaning that you can get a divorce in the state without the necessity of proving there was fault by either spouse. That being said, when you’re dealing with custody of children, whether that be as part of a dissolution of marriage, post-dissolution of marriage, or in a paternity proceeding, various factors that would not be relevant for a divorce can be relevant in the Court’s determination of which parent should…
In a family law case in Indiana – many different types of professionals can be involved with your family. Below, we will attempt to identify the types of professionals, what they do, what you can expect, and how they impact your case. Guardian ad litem A guardian ad litem in a custody case is typically a lawyer appointed by the Court that is tasked with gathering facts and representing a child’s best interest to the…
The ability to travel outside of the United States with your child is dictated by a number of factors. First and foremost, you should determine if there is a court order that covers the topic. In many instances Divorce Decrees, Paternity Decrees or subsequent orders of the Court address the parent’s ability to travel outside of the country and sometimes out of the state. In this article, we will discuss several scenarios and options for…
It’s well established that the United States has one of the highest divorce rates in the world with approximately 50% of first marriages ending in divorce, 60% of second marriages and 73% of third marriages. Further, the CDC estimates that 43% of children in Indiana are born out of wedlock. Throw in the statistic that most American’s move approximately 11 times in their lifetime and you have a good chance that you’re going to be…
Twenty-two states have abortion bans that would become law almost immediately if Roe V. Wade is overturned. Many of these state bans contain no exceptions for rape or incest survivors. While Indiana is not one of the States with “trigger laws”, there has been strong indications that Indiana would move fast toward implementing abortion laws. Whether or not, Indiana will contain a provision for an exception of rape or incest survivors, is unknown. So, what can…