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…
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…
Can I Get My Engagement Ring Back? The courtship and engagement periods are usually happy times for a couple as they build a relationship and look toward marriage. However, happiness may fade, circumstances may change, the relationship may end, and the planned engagement may be canceled, repudiated, or frustrated, with no marriage occurring between the parties. When such a situation arises, one party to the courtship or engagement may seek to recover gifts of money…
What is a guardianship? A guardianship is a legal action that allows a competent adult to make decisions on behalf of an incapacitated adult or minor child (“protected person”). Guardianship can be over the person, over the estate, or over the person and estate of the protected person. Guardianship over the person allows the guardian to make decisions including where the person resides, obtaining medical care, educational decisions, etc. Guardianship over the estate addresses the…
One of the most frequently asked questions by separated parents is – “When will I be able to see my children?” When parents cannot otherwise agree, the Indiana Parenting Time Guidelines (the “Guidelines”) set out the minimum standards for parenting time for the non-custodial parent. The Guidelines set out a regular schedule, a holiday schedule, as well as extended parenting time. The Guidelines are in place to make sure that each parent has the ability…
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…
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.