Family Law

Navigating the DCS Substantiation Process The Indiana Department of Child Services (“DCS”) is an agency that is designed to protect a child’s welfare. DCS makes the initial determinations and findings on reports of alleged child abuse or neglect. They can either find a case to be “substantiated” or “unsubstantiated.” A substantiated child abuse or neglect report means a determination regarding the status of the report whenever facts obtained during an assessment of the report provide…

Often the emotional impact of divorce extends beyond just those getting a divorce. Friends and family may be divided and felt forced to choose sides.  This can be even more complicated and difficult for the children of a marriage. Whether biological or step, children have a front seat for the actions of their parents. The process can either cause turmoil and drama or it can be used as a time to show children that people can remain amicable…

“My kid can tell the judge…..” is a something all family law attorneys hear from clients. The reality is it is not a simple decision to involve children in a proceeding. Even though there are no laws against having children testify in a court proceeding, it is very uncommon and often discouraged by judges. If a judge feels a child can contribute valuable information, the judge may choose to speak to the child(ren) privately. Before…

A paternity affidavit is a legal document that, “permits a man and a woman to declare, under penalty of perjury, that the man is the biological father of a child”.  Paternity affidavits are not required to prove paternity when a child is born during a marriage or within 300 days of a divorce.  In those situations, the husband of the biological mother is presumed to be the biological father of the child. For situations where…

Are Child Support Agreements with No Child Support Legal? “We have reached an agreement that neither parent will pay child support.”   That is a common statement made by clients as they are navigating family law.  It is heard in divorce and paternity cases.  However, the reality is child support is a right of the child, not of the parent.  A parent cannot waive something that does not belong to them.   Child support exists as an…

A Quick Look at Stepparent Adoption Adoption is an instrumental process in the lives of many Indiana children and can give them the consistency needed for a well-balanced life.  An adoption requires a petition filed to the court containing information regarding the child sought to be adopted along with information of the petitioner seeking to adopt. So what happens when the petitioner is married to a biological parent of the child? With divorce at its…

The Next Steps after a Dissolution Petition It is important to know what to expect after a dissolution action has been filed.  Every situation is based on different facts, personalities, finances, and issues.   Those differences make it impossible for an attorney to predict the exact outcome or timeline of an individual case but there are basic guidelines that each dissolution follows. Per Indiana Code, at least 60 days must pass from the time the dissolution…

How to Go About Changing Your Name as an Adult Pick a name, any name.   You can refer to yourself as anything you choose.   The ridiculousness level of a chosen name does not matter.  However, all government and legal documents must reference your legal name.   In Indiana, your name can be changed by life-changing events such as adoption, marriage or divorce.   It is also possible to change a name pursuant to Indiana Code 34-28-2. With…