Indiana Child Custody

April 7, 2012

Miller v. Carpenter: Indiana Child Custody and Support Ruling

The state’s court of appeals recently issued a ruling on an Indiana child custody and support case.As our Highland divorce attorneys understand it, the case of Miller v. Carpenter involved a couple with two children – an 8-year-old son and a 10-year-old daughter – whose divorce was finalized in 2008.

According to court records, the two reached a child custody settlement in which the mother would have sole legal custody and primary physical custody of the kids. The father would then get them every other weekend and then one overnight visit mid-week. For special occasions and holidays, the pair agreed to work it out according to the Indiana Parenting Time Guidelines, which lay out a very specific schedule for everything from Mother’s and Father’s Day to Christmas to the child’s birthdays.

Further, the parents agreed that the father would receive child support credits for 98 days, rather than the approximately 130 days he actually had them (meaning he was technically paying more than he had to).

Then in mid-June, the mother filed a notice that she planned to move. While the father didn’t oppose this relocation, he did request that the custody arrangement be modified. He wanted joint custody that would allow him to spend Sunday evenings with his kids, as well as the ability to pay less in child support. This would be based not only on the increased time he was spending with the children, but also on the fact that the mother had remarried, and therefore her financial situation had changed from the time of the first order.

The father argued that he felt out of the loop in parental decisions. The mother argued that the child support shouldn’t be lowered because the father worked full time, yet wasn’t even paying rent to his parents, with whom he lived.

Ultimately, the trial court ruled in the father’s favor. Citing Indiana Code Section 31-17-2-15, it ruled that because the parents could communicate without being hostile, it would be in the best interests of the children to award joint legal custody, as well as overnight stays on Sundays, and additionally reduced his support payments from about $250 a week to $150 a week, based on the increased amount of time he was spending with the children and the fact that the mother’s pay had increased and the cost of child care had gone down.

The mother appealed this decision, arguing that the lower court had abused its discretion by modifying the legal custody order, which as a result changed the physical custody order, and challenging whether the court abused its discretion by reducing the father’s support payments. The mother said the fact that she had moved wasn’t reason enough to make any of the modifications that were made.

The appellate judges in turn decided that the lower court did in fact err on the issue of joint custody because not enough had changed to warrant a full modification. They did, however, maintain the lower court’s ruling on the amount of time the father could spend with his children because more time with him was in their best interest. Further, they said the modifications to the child support payments were warranted because:

1. The father had been initially paying about 20 percent more than he was obligated to in the first place;
2. More than a year had gone by since the original order.

While this case doesn’t establish anything extraordinarily groundbreaking, what it illustrates is that Indiana child custody and Indiana child support issues are constantly evolving. People get hired and laid off and promoted. People move. People remarry. People change. And any of these circumstances can warrant another look at the original order.
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March 20, 2012

Indiana Pet Custody Cases Becoming More Common in Divorces

by Burton A. Padove

Many people may equate a contested divorce in Indiana, with bitter arguments swirling around issues of child custody, alimony, property division and so forth.A new trend, however, is being observed by child custody attorneys in Indiana and across the country: pet custody.

There are a number of theories behind this. Many people are having children much later in life than earlier generations. While these couples are waiting for the perfect time to enter into the lifelong commitment that is parenthood, they are less choosy about buying a pet together. These animals become members of the family, with both parties deeply invested. When the couple splits, the custody fight can be nearly as contentious as if it were a child.

Another reason for the growth of this type of disagreement stems from the increase in same-sex marriages. While Indiana does not allow this type of union, among states that do, this is an issue that is skyrocketing in prevalence.

The Associated Press reports that in a recent survey from the American Academy of Matrimonial Lawyers (AAML), more than a fourth said that cases involving pet custody have increased a great deal since 2001.

Often if there is a child involved, a judge will place the pet in the primary home of the child.

The question more frequently being raised, however, is: What if the animal is the child?

In all 50 states, animals are considered property. That means that judges and mediators have been working to divide them up just as they would the furniture or the beach house.

However, it seems that is changing. Ken Altshuler, president of the AAML, said judges are beginning to change the way they see the issue. They are starting to recognize the strong emotional attachments that people have to their pets, and therefore, it’s being given a greater consideration under the law.

It may have been years ago that people were somewhat ashamed to battle for custody of a pet. Society may have viewed the animal as not much more than a life accessory. That’s not the case anymore.

There have even been cases in which people split custody of the animals, with visitation schedules and all – much like they would in any Indiana child custody case. Usually, though, that is something that has to be worked out by the parties themselves.

Steven May, a pet consultant, even wrote a book about the issue, which he and his ex-wife wrestled with following their divorce more than five years ago after more than 15 years of marriage. They have since worked out an arrangement in which they share custody not only of their daughter, but of their pets.

It may seem strange to some, but any pet lover will tell you that a divorce is even more traumatic when you are facing the prospect of losing every aspect of the life you had – including your beloved pets. An Indiana divorce attorney can help you explore all your options, and figure out the best – and hopefully most amicable – solution for you.
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January 10, 2012

January is Known as Divorce Month in Indiana

by Burton A. Padove

Sadly, January has become a busy month for many Indiana divorce lawyers because for some reason, the first month of the new year tends to bring out the reality that the holiday season masked.

Fox News recently reported that nearly 24,000 divorces are granted each year in Arizona and many of them are initiated in the first month of the year.Divorce in Indiana can be painful during any month of the year. As humans, we are emotional and separating from a person can be a difficult experience. This sometimes is enhanced when the split comes right after the holidays.

Yet, sometimes this is done by design. Many couples know that their marriage is rocky and they are unlikely to continue it, despite their best efforts. If counseling and other tactics don’t work, it’s possible that they will try to make the holidays as “normal” as possible for the benefit of their children or family members before announcing their decision. This helps to keep the routine somewhat intact and keeps people from associating bad feelings with family gatherings in December.

Some lawyers surveyed for the article said they tend to receive twice as many divorce cases in January than in any other month. In most cases, the couples are planning the split for months in advance.

One man interviewed said he was heading to the courthouse to get divorced that afternoon. He said the divorce was in the works for a while, but finances prevented him from filing sooner. He said that people have to finish their taxes and realize what type of refund they may get before filing a divorce.

Finances, especially in recent years, have played a big role in when and whether people can get divorced. Many couples have decided to stay together more out of necessity than love. Splitting bills and daily costs is a lot easier than trying to do it alone.

Also, for those who have lost their jobs and may be having trouble paying bills, the hit to a person’s credit score can lead to difficulty qualifying to rent an apartment or house. That’s another reason people tend to stay together longer.

If a couple owns a house together, it is now seen more as a liability than an asset. For couples who are about to get divorced, this can also factor into why they are waiting. If housing prices are rebounding sooner than expected in their neighborhood, that may be a reason why they are now considering a divorce.

Whatever the reason and whatever the season, an Indiana divorce can be tough. But it doesn’t have to be. An experienced Indiana divorce lawyer can take a lot of the stress and pressure off the client by simply doing his or her job. Avoiding contentious litigation or lengthy meetings where couples bicker and fight is only going to make matters worse. Strongly communicating the situation and working for an amicable resolution without massive interference from the court is always the best bet for each side.
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November 28, 2011

Celebrity Divorces Highlight Similar Issues That Indiana Divorcees Go Through

by Burton A. Padove

There have been many celebrity divorces in the news recently and aside from a higher income than most of the rest of us, these high-profile divorcees go through similar challenges — just like everyone else.

A Lake County divorce can take a toll, not only financially, but emotionally as well. It can create a big change in life circumstances and requires adapting to a new way of living.An experienced Gary divorce lawyer must be consulted to seek the best outcome possible. Whether fighting over alimony or child support payments, child custody, division of assets and debts or preparing financially (including consideration of tax issues and debt after a divorce), a lawyer will be able to assist you.

Among the most high-profile marriages and divorces in recent years was that of reality TV star Kim Kardashian and NBA player Kris Humphries. The couple spent millions on their wedding and agreed to a contract to do a television special about the event, only to split 72 days later.

It hasn’t been made public what led to the split, but the two millionaires had a prenuptial agreement in place. It’s unclear if either took away assets from the divorce.

News reports alleged that actor Ashton Kutcher was spotted out on the town with a young fling despite being married to actress Demi Moore for six years. Despite Kutcher’s efforts to save the marriage, the New York Daily News reports, Moore wanted a divorce.

The newspaper reports that Kutcher, 33, bought his 49-year-old wife a $100,000 car as a way of trying to save their marriage. Tabloid reports state that Moore knew of her husband’s alleged affairs as they were ongoing.

Kentucky Agriculture Commissioner Richie Farmer’s divorce has also gotten media attention, as it has been reported that he and his wife of 13 years are attempting to go to mediation to settle a lawsuit so they don’t have to proceed to a trial.

The Lexington Herald-Leader is reporting that Farmer and his wife, who filed for divorce in April, will again attempt to have a mediation hearing in order to try to work out their differences. A trial date had been set for December, but the two agreed to a delay of the trial while they attempt to get together and reach an agreement.

Mediation is held when the two sides of a divorce are unable to amicably agree to the separation of assets, child custody matters and other issues. This is handled differently on a state-by-state and county-by-county basis.

In some situations, couples are forced to go to mediation in order to try to avoid going to trial and taking up the time and resources that can require. When the dollar amounts, investments, properties and other assets are very high, this can be more complex. But divorces where few assets are on the line can be equally time consuming because of what those assets represent in a relationship.

Each case is unique. An experienced Indiana divorce lawyer will take your needs into consideration and prepare your case individually. There is no cookie-cutter approach to a divorce because every case is different.

Don’t attempt to do this alone. There are many long-term legal implications from a divorce and all should be taken into consideration.
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September 30, 2011

Fathers Rights in Indiana: Census Shows More Dads as Heads of Household

by Burton A. Padove

U.S. Census Data collected in 2010 shows large increases in the number of single fathers as head of U.S. households.

Fathers Rights are an issue of great importance. As a veteran child custody attorney in Highland, Burton Padove understands how important it is for a father not to be pushed to the weekends when parents divorce.Over the past decade, there has been a real shift toward a presumption that both parents should share parenting duties and custody, to the greatest extent possible. That fathers should remain a dynamic presence in a child’s life — not relegated to very other weekend visitation. Or summers and holidays.

The 2010 Census shows the number of men heading households shot up by more than 27 percent in the last decade.

Single dads now account for 8 percent of all U.S. households — up from 6.3 percent in 2000 and little more than 1 percent in 1950.

In 1973, Indiana became the first state to pass a law declaring no parent should be favored for child custody based on gender. Since then, most states have followed suit in ending any presumption that child custody should be awarded to the mother. Oregon has gone so far as to pass a law that presumes joint custody will be awarded. Alabama recently began debating similar legislation.

“It’s time for us to stop assuming that single parents are always women,” said Andrew Cherlin, a professor of sociology and public policy at Johns Hopkins University in Baltimore. “There is a visible presence now of single men caring for their kids. We didn’t see that a few decades ago.”

Indiana’s parenting time guidelines presume it’s in a child’s best interest to have frequent, meaningful and continuing contact with each parent. A child custody agreement will set out which parent or parents can make substantial decisions on behalf of a child, including those involving education or health care.

Other factors the court may consider in determining the “best interests” of a child include:

-A child’s preference, depending on age.

-A parents health, habits and lifestyle.

-Abuse or neglect risks.

-Parents ability to provide for the daily needs of a child.

-Continuity of child’s life, including schooling and community and social activities.

Move away custody issues is another area of family law in Indiana that has attorneys fighting on behalf of the rights of a noncustodial parent. A parent desiring to move away must provide a Notice to Move and a proposed parenting plan.

The other parent has the right to object, in which case a hearing will be set to establish what is in the “best interests” of a child. The non-custodial parent may also obtain a restraining order, which legally prevents the move until such a hearing can be held.
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