Family Law

Parents in divorce cases or in a paternity case generally will receive an order from the court that outlines what their parenting time (commonly known as visitation) with their children will be.  But what about grandparents?  Are grandparents entitled to seek a court order to permit them to receive a visitation schedule with their grandchildren?  What Situations Enable a Grandparent to Seek Visitation? In Indiana, grandparents are permitted to seek visitation rights in three separate…

As a parent, a difficult question is posed when the summer months roll around over how parents in separate households will schedule summer parenting time.  Pursuant to the Indiana Parenting Time Guidelines, summer vacation begins the day after school is let out for summer break and ends the day before the new school year is back in session. How is summer parenting time decided? Summer parenting time is dictated by your Court Order.  Oftentimes, but…

In paternity cases and dissolution of marriage cases involving unemancipated children, your court will likely order that one of the parents will have to pay child support to the other parent.  However, as with most child related issues, child support can be modified.  And so, when can that be accomplished? In Indiana, child support can only be modified in two circumstances.  One is when there has been a substantial change of circumstances that is continuing…

When you file for a dissolution of marriage in Indiana, the Court will not grant the dissolution immediately.  At minimum, at least sixty days need to pass from the date the action is initiated to the date the Court is able to finalize the dissolution.  More often than not, the case will take longer than sixty days, sometimes lasting months or even longer than a year.  If you and your spouse are able to navigate…

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…