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DCS Substantiation Indiana

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…

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Divorce 101 in Indiana

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…

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Child Witnesses in Family Law Cases

Posted in On July 16, 2017

“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…

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Paternity Affidavits in Indiana

Posted in On June 11, 2017

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…

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Child Custody Agreements with No Child Support

Posted in On May 7, 2017

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…

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