The Benefit of Reaching an Agreement on Custody

There are two aspects to child custody.  The first is legal.  Legal custody refers to the ability to have input on medical, educational, and religious issues pertaining to a child’s upbringing.  Joint legal custody is appropriate in most cases unless there is a significant breakdown in communication between the parties.  Generally, as long as the parents are able to communicate and cooperate with one another on decisions involving the child(ren) without a high level of conflict, joint legal custody will be ordered and the parents are required to consult one another before making any of these “major decisions.”

The second aspect of custody is physical custody, which is much more often the subject of dispute.  Simply stated, physical custody refers to where the children spend their time.  As an initial matter, parents may create a unique schedule which satisfies the needs of their children and each other.  Often, however, developing a parenting time schedule can be very challenging. When parties are unable to agree, the Indiana Parenting Time Guidelines provide a parenting time schedule that gradually increases as the children age, provides for a division of holidays, and time with the children should one parent live a significant distance from the children’s primary residence.   It should be noted, though, that the Guidelines represent a minimum amount of reasonable parenting time to be afforded to the non-custodial parent.  Many Indiana Courts commonly award an involved, non-custodial parent parenting time in excess of the schedule provided in the Guidelines.

People often feel the need to “have their day in court,” believing that if the judge hears “their side of the story” the custody order will be in their favor. However, in evaluating whether to ask a judge to make a ruling on custody and parenting time, the parties would be well advised to keep in mind that time in court is limited, and it is difficult to present all of the information believed to be important. This is not to say that such conflicts which arise should not be litigated.  However, once you proceed to court, the final decision is out of your hands. 

If parties are unable to reach an agreement, Indiana Courts will focus on the “best interest of the children” and in doing so will consider a number of factors in determining an appropriate custodial and parenting time arrangement.  These factors include, but are not limited to, which parent has served as the primary caregiver; the child’s age and sex; the wishes of the child and the parties; the child’s relationship with each parent, siblings, and others; the child’s adjustment to their home, school, and community; and the mental and physical health of all involved.

There are a number of benefits to reaching an out-of-court agreement, including but not limited to, allowance for non-traditional work schedules and flexibility for holidays.  When parties are able to communicate and cooperate on these matters, it is a win-win for all involved.

Hollingsworth & Zivitz, P.C.,  has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317-DIVORCE or  visit our website at www.hzlegal.com.

I Filed for Divorce: NOW WHAT!?!

Once you have filed your Petition for Dissolution of Marriage and your spouse has received notice that the divorce has been filed, it is often helpful for the parties to establish the “ground rules” which will govern certain aspects of their conduct during the pendency of the divorce.  Issues that should be addressed are custody of the children, parenting time, possession of the marital residence, and payment of marital expenses.  These issues are referred to as “provisional issues.”  

If you believe that such ground rules are needed, a provisional hearing (also referred to as a “preliminary hearing”) should be requested in your Petition for Dissolution of Marriage.  Once you request the provisional hearing, the court will schedule the matter to be heard and notify each party (or their attorneys) of the hearing date.  Typically provisional hearings are very short and can last anywhere from fifteen to thirty minutes, though there are instances where a longer hearing is needed.  Due to these time constraints, it is often beneficial for the parties to reach an agreement on all provisional issues.  If an agreement can be reached, the terms are reduced to writing and submitted to the court for approval.  There are a number of benefits to reaching an agreement rather than going to court, including: crafting terms of an agreement to meet your families’ needs; saving the expenses associated with preparing and attending a hearing; setting and/or maintaining an amicable relationship between the divorcing parties; and reducing the stress and anxiety a hearing can cause.

In the event that you and your spouse cannot resolve the temporary issues, you will be required to attend the provisional hearing.  This can be a particularly important part of the divorce proceeding.  Parties would be well advised to use the preliminary hearing as a forum to position arguments that will be made at the final hearing.  However, it is important to realize that due to the fact that the hearings are often very short, the parties are often the only witnesses and their testimony will be limited to basic matters.  Therefore, discussing and preparing your requests with your attorney prior to the hearing is imperative.  Following the provisional hearing, the judge will issue a provisional order that will typically remain in effect until your case is resolved.   Often times, the order is provided at the conclusion of the hearing.  At some point after the preliminary hearing, the parties will typically enter into negotiations on a final settlement, and if a settlement cannot be reached, prepare for the final hearing.

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317-DIVORCE or visit our website at www.hzlegal.com.

What Not to Do When Facing a Custody Battle..........

To most people going through a divorce, children are the most important aspect.  Unfortunately, sometimes, when emotions run high, people lose sight of what is most important.  If you are attempting to have primary physical custody of your children, there are things that you can do, and things that you should avoid doing, in order to help your custody case.

·         Focus on your children.  The person who takes care of the children obviously has an advantage in custody cases.  Many people falsely believe that mothers have an advantage.  This is not the case in Indiana.  If you want custody, it is important to take the time to do the morning routine (get the children up, feed them breakfast, take them to childcare/school, etc.) and the evening routine (feed them dinner, help with homework, play with them, take them to extracurricular activities, put them to bed, etc.)  It is important to just be involved.

·         Avoid a paper trail.  E-mail and text messaging are some of the best ways parents can communicate; however, this also harms a lot of parents in custody cases.  It is extremely important not to show your negativity in e-mails and/or text messaging.  Don’t use profanity.  And most importantly, do not act like your children aren’t your priority.  It will be used against you.

·         Don’t disparage the other parent.  It is not good for your children to hear you speak negatively about the other parent.  Judges do not like it. The Court wants to know that you are being cooperative and putting the children first.  You can’t put the children first when you are constantly trying to put down the other parent. 

·         Listen to your attorney.  Your attorney wants to help you.  If you aren’t sure about something—ask.  He/she knows the law and can help guide you through the process.  

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or hzlegal.com.

How are you paying your child support?

All to often I meet with prospective clients who have found themselves on the wrong end of a contempt citation for alleged failure to pay their child support obligation.  Often confused and bewildered, these prospective clients are surprised with the allegations due to the fact that they have in fact been paying child support directly to their former spouses, or paying the child support sums in other means, such as payment of bills, payment of their kids expenses or other forms of payment.  Unfortunately, I all to often have to advise them that their failure to strictly adhere to a court order on how to specifically pay child support may result in their having to double pay the child support.
 
If you are divorced or an unmarried parent of a child, you should clearly review your divorce or support decree to ensure that you are paying your support obligation in a manner that strictly adheres to that decree.  Often, support is ordered to be paid to the state central collection depository and often by way of an income withholding order.  It is a common mistake for parents to disregard these specific orders due to informal agreements made with their former spouse.  If you have an informal agreement with your former spouse or co-parent, it is important that the agreement be made formal, in writing, and that it is submitted to your judge for approval.  Failure to do so can result in the all to common scenario I have observed of many prospective clients.  If you have been ordered to pay by way of an income withholding order or to a specific state agency, but have not been doing so, our attorneys can assist you in appropriately setting up these accounts to ensure that you are covered.  If you have entered into informal agreements with your former spouse, we can also assist you in formalizing these agreements in a manner that the court can approve.

 If you are considering a divorce or currently going through a divorce, it is a good idea to discuss your situation with a Hollingsworth & Zivitz, PC family law attorney. Hollingsworth & Zivitz, PC serves clients in the greater Indianapolis area including Carmel, Fishers, Westfield, Noblesville, and Hamilton County, as well as Zionsville, Avon, Brownsburg, and the counties surrounding Marion County.

To discuss your divorce or family law issue with a Hollingsworth & Zivitz, PC attorney, call 317.DIVORCE or click here to contact us online.

What Not To Say.....

The attorneys at our firm have been providing family law services for more than 10 years.  We are passionate about the law and our clients.  But there are certain things that make attorneys cringe.  Here are some helpful hints on what not to do/say when you are seeking family law advice from an attorney:

http://www.huffingtonpost.com/henry-gornbein/things-you-should-never-s_b_1304478.html?ref=divorce

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or hzlegal.com.

Significant Change to Child Support Law

Effective July 1, 2012, the law in Indiana concerning how long child support must be paid will be changing.  As set forth in Indiana Code Sections 31-14-11-18 and 31-16-6-6, child support – other than for educational expenses – will terminate at age 19 rather than age 21. The text of the new law can be found at this link:

http://www.in.gov/legislative/bills/2012/SE/SE0018.1.html

This revision has two primary impacts on those parents subject to a child support order. The first is obvious – no child support must be paid or received after the child in questions turns age nineteen.  The second revision addresses the impact on a request for educational expenses, meaning which parent is paying for college and in which amount.  The revision permits a child who is subject to an existing support order to file a petition for educational expenses until he/she turns 21.  However, a child who is the subject of a support order issued after June 30, 2012, will be required to file a petition for educational expenses prior to that child’s 19th birthday.

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or  hzlegal.com. 

Certified Financial Divorce Analyst?

As a follow up to our recent post concerning the increasing divorce rates among couples over the age of 50, the link to the article below discusses the financial concerns suchfor these couples in particualr. The article suggests seeking the advice of a certified financial divorce analyst.  As the article notes, couples who divorce later in life have less time to prepare and/or alter their retirement plans and discussing options with a financial advisor prior to rather than after a final dissolution can be beneficial for both parties. 

http://www.huffingtonpost.com/2012/03/12/divorce-retirement-financial_n_1339559.html

Humphries Requests 7 Million in Settlement Negotiations

Kris Humphries is shooting for a $7 million payout from Kim Kardashian and is threatening to turn their divorce proceedings into an ugly, public trial if he does not receive the money, TMZ reported citing sources close to the NBA player.  For the full text article please visit the following link:


http://msn.foxsports.com/nba/story/kris-humphries-kim-kardashian-7-million-to-settle-divorce-031012/

Divorce Rates for Couples Over 50

Over the course of the last few decades, divorce rates have slowly decreased. However, the divorce rates for people over the age of 50 have doubled in the last 20 years. The link below provides a discussion on  several factors which may contribute to this, including: the economy, the history of relationships, and the role of men and women in general.  For the full-text article and link to the NPR discussion, please visit:
http://www.npr.org/2012/03/08/148235385/gray-divorce-over-50-and-splitting-up

At Hollingsowrth & Zivitz, we understand that each case is unique and that couples over the age of 50 going through divorce will likely have very different concerns than those in their 20's and 30's.  Our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or  hzlegal.com. 

Custody Disputes Involving Military Personnel

There is a specific statute in Indiana that protects individuals in the military on active duty who are involved in a custody disputes.  According to Indiana law, a court may not consider as a factor in determining custody or modifying a child custody order a parent’s absence or relocation due to active duty.  

If you are in the military and going through a custody dispute, the opposing party may try to argue that you should not have custody of your child because of your deployment.  This argument is contrary to Indiana law and you should not be punished for serving your country.

At Hollingsworth & Zivitz, P.C., the attorneys have the knowledge and experience with custody disputes involving individuals in the military. 

If you are considering a divorce or currently face a divorce, it is a good idea to discuss your situation with a Hollingsworth & Zivitz, PC family law attorney. Hollingsworth & Zivitz, PC serves clients in the greater Indianapolis area including Carmel, Fishers, Westfield, Noblesville, and Hamilton County, as well as Zionsville, Avon, Brownsburg, and the counties surrounding Marion County.

To discuss your divorce or family law issue with a Hollingsworth & Zivitz, PC attorney, call 317.DIVORCE or click here to contact us online.

Helping Children Through Divorce

As mentioned in this blog, an amicable divorce, or at least one that is not contentious, can have a significant influence on the post-dissolution relationship.  Disputes during the divorce can lead to feelings of bitterness and the continuation of conflict.  

This is of particular importance in divorces involving children.  There are a number of online resources that provide guidance in assisting your children in coping with the divorce.  Engaging the services of a counselor can be very helpful as well.

http://www.mayoclinic.com/health/divorce/HO00055

http://kidshealth.org/parent/positive/talk/help_child_divorce.html

http://www.helpguide.org/mental/children_divorce.htm

In part, the advice you will find online can be summarized as follows:  Don’t lie to your children and don’t involve them in the divorce.  These goals may seem contradictory on the surface, but utilizing common sense will go a long way to easing the post-dissolution transition for your children.  “Don’t lie” means you should talk to your children about the divorce.  Children are generally more perceptive than given credit for and hiding the truth is not productive.  “Don’t involve” means do not try to get information concerning the other parent from your children, keep them shielded from any arguments between the parents, and do not advise them of court dates, among other things.

Educating yourself can be a critical part of helping your children cope with a significant change in their lives and increase the chances of a positive post-dissolution relationship for all involved.

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or  hzlegal.com. 

Pet Custody

In recent years, divorcing parties are increasingly in dispute of which spouse shall retain custody of the family pet. In such situations, Indiana courts have historically treated the pet as a piece of property to be divided with the parties’ remaining assets and liabilities.  Under such legal classification, a court would not have the authority to order a pet visitation schedule.  However, the parties may agree to a visitation schedule and submit the same as a part of their final Settlement Agreement.  Such an agreement may be as detailed as the parties prefer, including for example, provisions with respect to the payment of pet-related expenses.

 It is interesting to note how that some courts around the country are shifting their approach and have began applying standards applicable to child custody disputes, such as the best interest of the “pet” standard.  The following article discusses how various courts handle disputes regarding custody of the family pet. For the full-text article, please visit: http://www.mercurynews.com/family-relationships/ci_20072941.

 
At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or  hzlegal.com.

Its Time to Start Thinking About Summer Parenting Time....

If you are divorced and you have children, April 1st is an important date. That is the deadline for a noncustodial parent to elect parenting time during the summer.  If the noncustodial parent does not elect parenting time by that date than the custodial parent gets to choose what portion of the summer he or she spends with the children. Do you have vacation plans this summer?  Are you thinking about taking your children to Disney World? If so, and you are a noncustodial parent do not overlook the April 1^st deadline.

The attorneys at Hollingsworth & Zivitz, P.C. can assist you in electing your summer parenting time schedule so you can spend quality time with your children under your terms.

At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or  hzlegal.com.