Grandparent’s Rights to Child Visitation and Custody
The decision of couples to divorce or end a relationship that involves minor children affects family members far beyond the core unit of parent and child. Grandparents are especially impacted by this decision, since it is common for grandparents and grandchildren to have close relationships. A recent story out of Goshen highlights the plight of...
What is a Guardian Ad Litem?
In some family law cases there is a person appointed to represent the best interest of the child. The guardian ad litem, frequently abbreviated “GAL,” is a trained volunteer who is appointed by the court to represent the best interest of the child pursuant to Indiana Code 31-9-2-50. Indiana law states that the GAL shall...
Teen Drivers and Cell Phones
As of July 1, 2015 teen drivers are no longer allowed to use any sort of telecommunication devices for any purpose while behind the wheel. The law is aimed at younger drivers, especially those under the age of 21. Under the new law, all drivers under the age of 21 with a probationary license are...
What is a Preliminary Hearing?
Once a spouse files for divorce there are several matters that need to be addressed prior to the finalizing of the dissolution of the marriage. Sometimes spouses talk before the divorce is filed and determine how custody and parenting time will be arranged, who will stay in the marital home, who will pay what bills,...
What Happens When a Custodial Parent Moves?
The Notice of Intent to Relocate statute describes the requirements custodial parents must follow if they are planning to relocate out of state. If subject to a custody order, a visitation order, or child support order, a notice of intent must be filed with the court before a move can take place.[1] The relocating parent...
The Putative Father
In Indiana, like many states, a husband is presumed to be the biological father of any child born during a marriage. This means that unmarried men must establish paternity if they wish to establish themselves as the legal father of a child. This process is called establishing yourself as the putative father. The putative father...
Theft in Indiana
Under Indiana criminal code, a person commits theft when he or she knowingly or intentionally exerts unauthorized control over another’s property and with the intent to deprive the other of the value or use of such property.[1] A person’s control over another’s property is “unauthorized” if it is exerted without the owner’s consent, in a...
Divorce vs. Legal Separation
Although the two topics might seem similar, legal separation and divorce are two different alternatives for couples that no longer want to be married. Divorce is the formal dissolution of a marriage. Legal separation, on the other hand, simply allows a couple to live separate and apart for a period of time to decide whether...
The Alimony Recapture Rule
The recapture rule is a federal tax concept that is triggered if alimony payments decrease or end within the first three calendar years of when the first qualifying payment of alimony under divorce decree or separation agreement is made. Indiana does not have alimony but does have spousal maintenance which may be treated the same way...
Same-Sex Couples Have the Right to Marry
“Under the Constitution, same-sex couples seek in marriage the same legal treatment as opposite-sex couples, and it would disparage their choices and diminish their personhood to deny them this right,” – Justice Anthony Kennedy In a landmark opinion, the Supreme Court ruled on Friday, June 26th, that same–sex couples can marry nationwide. In a 5-4...