by

Approximately one in three children will live at least some portion of their childhood with a stepparent, according to recent statistics. These are individuals who will play an important and lasting role in children’s lives.

However, from a legal standpoint, stepparents – even residential stepparents – generally have fewer rights than even legal guardians or foster parents. Still, in situations where a stepparent voluntarily receives a stepchild into his or her family and treated the child as a family member, he or she could be considered in loco parentis, meaning he or she assumes an obligation to maintain and support the child.

But absent a formal adoption, a stepparent who later separates from the child’s biological parent and then seeks to establish visitation will face an uphill battle. It is absolutely possible, particularly if the child lived with the stepparent and the relationship was long-term. However, it’s not an automatic right. If a biological parent opposes, the matter will have to be addressed in family court.
Continue reading

by

Mental illness does not carry the same stigma it did even just a few decades ago. This has brought many conditions to light that may have otherwise been hidden, and allowed for better treatment plans with greater family support.

However, in the course of dissolving a marriage or within a child custody dispute, the mental health of one parent or both is sometimes called into question. Often, one side will press for the introduction of evidence such as medical records or the testimony of one’s psychotherapist in order to undercut that person’s fitness as a parent or to gain some other advantage in the case.

It’s important to understand confidential information and communication is protected by mental health professionals, but only to an extent. Particularly in child custody proceedings, the court will find it relative to determine whether one parent is “unstable” or “depressed.” If the information may directly relate to the well-being of a child or the parent’s ability to adequately care for the child, the court is likely to admit the information.
Continue reading

by

While Indiana family law courts strive to make the adoption process and transition as seamless as possible for children and their families, inevitably, there are going to be bumps in the road.

This is especially true when the adoption is in any way disputed or when the adoptive parent or parents have any kind of background (criminal, immoral, etc.) that could give the court pause.

A recent example of possible complications that can arise, even in intrafamily adoptions, was that of In re the adoption of I.B. and W.B. and B.B. v. B.C. & J.L. et al., out of Jasper County. The Indiana Court of Appeals ultimately affirmed the adoption placement of three siblings with their maternal grandmother and her fiance of 13 years. However, it was not without significant legal wrangling.
Continue reading

by

Changes in Indiana child support payments are only going to be made in circumstances where the court has held there has been a substantial change in condition and it’s in the best interest of the child or children involved.

Deviation from the Indiana Child Support Guidelines also generally isn’t done without good cause. Of course, there are always exceptions. Whether you’re the one requesting the change or trying to fight it off, an experienced family law attorney can help.

The recent case of Bogner v. Bogner before the Court of Appeals of Indiana reveals how one such battle played out.
Continue reading

by

Most parents want to ensure their children have the best possible chance of success as an independent adult, and that means having a solid education. However, there are many varying schools of thought about what a good education looks like – and how much it costs.

In matters of divorce, disputes about education (specifically the funding) can become especially heated. The cost of private school can be as much annually as college tuition. And while most parents aren’t legally obligated to pay for either private school or college tuition for their children, that could change in the midst of a divorce.

Increasingly, family courts are allowing for the enforcement of “reasonable” educational costs when one parent argues for it. The decision is typically based on both parents’ income, the kind of education the child was receiving prior to the split and whether there is already a fund established.
Continue reading

by

It’s been 14 years since the U.S. Supreme Court’s watershed ruling in a grandparent visitation dispute. In the years since, Indiana courts have still struggled to strike a balance between parental rights and the strong desire of grandparents to be a part of the children’s lives.

Indiana Code 31-17-5 details the circumstances under which a grandparent may seek visitation of a child. Primarily, these circumstances are when the child’s parent has died, the child’s parents are divorced or the child was born out of wedlock. The court does not permit paternal grandparent visitation where the child was born out of wedlock and paternity has not been established.

Our Gary child custody lawyers know that above all, the court is going to weigh the best interests of the child. Still, the U.S. Supreme Court’s 2000 decision in Troxel v. Granville is considered guiding. Although at the time, many state courts were broadening the rights of grandparents to see their grandchildren, the Troxel case shifted the direction. There, the supreme court held that a Washington state law allowing “any person” to petition a family court for visitation rights was unconstitutional, as it violated a parent’s 14th Amendment rights, interfering with a fit parent’s right to raise their children as they deem best. The state, the court held, has no grounds to question the parent’s decisions in raising those children.
Continue reading

by

By now, most people are familiar with the concept of pre-nuptial agreements. These are contracts signed before a couple recites their vows, and are typically intended to protect assets acquired by the individuals prior to the union.

Less recognized, but no less formal before the courts, are post-nuptial agreements. These contracts are very similar, except that they occur after the marriage. Our Hammond family law attorneys recognize that while the courts will give great weight to contracts signed by both parties at any point, having the record drafted or reviewed by an experienced lawyer can help eliminate the possibility that a judge might later find it unenforceable due to being unconscionable and/or involuntary.

It’s worth noting there are some elements – such as child support or child custody – that generally can’t be decided in such a contract. The courts are more concerned with the child’s well-being than the desires of the adults in the situation, and that will take precedent.
Continue reading

by

While child support guidelines in Indiana were modified nearly five years ago in order to promote fairness in family law proceedings, many parents still find themselves battling a system that is either forcing them to pay more than they can reasonably afford or isn’t making the non-custodial parent pay what is necessary to provide for the child.

Our Gary child support lawyers know that family court judges have a fine line to walk in terms of balancing these interests. But making decisions in the best interest of the child is always the primary goal. So when mistakes are made, challenges must be mounted.

The case of Shae v. Shae, weighed recently by the North Dakota Supreme Court, provides an example of how the courts occasionally get it wrong the first time around, and why it can be beneficial to challenge such orders.
Continue reading

by

Typically when our Highland family law attorneys talk about guardianship of an individual, we are speaking of children. However, as the population ages, with increasing frequency we are seeing individuals seeking guardianship of elderly relatives and loved ones.

Adult guardianship in Indiana, similar to child guardianship, is a legal process whereby the court determines that a person lacks the capacity or ability to communicate decisions for themselves. While this can involve older adults with incapacity rooted in certain forms of dementia, such as Alzheimer’s disease, it could also involve a person over 18 with developmental disabilities or an adult who has suffered a traumatic brain injury.

The process involves first speaking with a qualified attorney who can relay your options. From there, your lawyer can help you obtain a physician’s statement, which describes the person’s diagnoses and functional limitations. Then, your attorney will file a petition on your behalf in court. A notice will be sent to that individual and any others who may require notification under law. The court will likely hire a guardian ad litem, who will act as an advocate for the incapacitated person during the proceedings. The court will then hold a hearing and make a determination based on the merits of the claim.
Continue reading

by

Modification of child custody orders in Indiana, as well as in many other states, typically requires evidence of some material change in circumstances. That is, something is substantially different to such an extent that reconsideration of the previous order is necessary.

Gary child custody attorneys know that some general examples of a material change include:

  • The changing needs of the child;
  • Whether a parent has properly overseen the child’s physical, social and educational development;
  • Whether a parent has the ability or inability to care for, supervise and spend time with the child;
  • Whether a parent has the financial means and capacity to provide for the child;
  • Whether a parent has decided or must move to a new, much farther location.

These could involve things like moral misconduct, interference with the child’s relationship with the other parent or conviction of a crime.
Continue reading

Contact Information
8320 Kennedy Ave
Highland, IN 46322
Phone: 219-836-2200
Fax: 219-836-9388

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2015 – 2025, Padove Law
JUSTIA Law Firm Blog Design