Parenting Time When Distance is a Major Factor

Parenting time can be difficult for divorced parents who do not live in close proximity to each other.  The Indiana Parenting Time Guidelines has taken this fact into consideration and devotes a specific portion of the guidelines to such situations.  When there is a significant geographical distance between the parents, scheduling parenting time is fact sensitive and requires consideration of many factors such as employment schedules, the costs and time of travel, the financial situation of each parent, and the frequency of the parenting time among other considerations.  The attorneys at Hollingsworth & Zivitz, P.C. can work with you to ascertain a schedule that fits with your family.  Don’t let distance deter you from seeing your children and being a significant part of their lives.

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 visit our website at www.hzlegal.com.

Detecting Autism

There have been many debates regarding the causes of Autism. It is a question that has haunted many parents who wonder if they have done something wrong to cause their child to have Autism. Although some types of Autism have known causes, most are found to be idiopathic, or without a known cause. There are many theories as what causes autism, including vaccinations, immune deficiency, food allergies, genetics and many other theories. However, none of these theories have been proven.

You would think that with so much information available, someone would have figured out the cause of Autism by now; though, it is still seemingly a medical mystery.  However, researchers from Boston Children's Hospital may have brought us one step closer to discovering the cause of Autism. The researchers have found that recent tests measuring the electrical activity in the brain can distinguish children with Autism from children with typical brains as early as 2 years of age.  Their study was published last week in the online journal, BMC Medicine. Researchers compared raw data from the electroencephalogram tests, or EEGs, of 430 children with Autism and 554 other children from 2 to 12 years of age. Children with Asperger Syndrome did not participate in the testing. The researchers found that children with Autism had consistent EEG patterns showing altered connectivity between different parts of the brain. In general, they showed reduced connectivity compared with the other children's brains. As we get closer to pinpointing the brain’s functions and its effects on human behavior, we grow closer to solving the mystery of the causes of Autism.

There are other ways to identify whether children have any type of autism, but many of these signs go unnoticed. Early detection, however, can have a huge effect how students progress and develop if they get early-intervention services to match their needs and support their development. There are also some known causes, including Depakote (also named Valproate), which is an anti-seizure medication taken during pregnancy; Fragile X syndrome, which is a genetic disorder; Rett Syndrome, which is a genetic disorder affecting only females, Tuberous Sclerosis, which is a rare genetic disorder; and Prader-Willi Syndrome, which is also a rare genetic disorder.

According to The National Association of School Psychologists, students with Autism are most often diagnosed by school staff. It may be possible, however, that the EEG patterns could change the way children are diagnosed. The researchers believe that their findings could lead to a diagnostic test for Autism, particularly at younger ages when behavior-based measures are less reliable. The researchers plan to next study the EEG patterns of children with Asperger Syndrome and children with Autism. This promises to reveal why it affects some children in one way and others in another.

Regardless of the cause, getting a good support system in place for your child is vital. If you are struggling with your child’s school to diagnose and/or provide appropriate support to your child with Autism, we can help. Please visit Indianaspecialeducationlaw.com for more information. 

 

The Fastest Man on No Legs

            It was a monumental Olympics for many reasons, but it was a milestone in the world of individuals with disabilities because of one man, the man known as the “Blade Runner.”  It's a fitting end to his lengthy fight to participate, having first been banned from international competition with able-bodied runners.

            Pistorius is the South African runner born with deformities to both of his legs.  Never knowing what it is like to walk on his own feet, he had the deformities amputated and began his walking career on prosthetics. And so began the inspiring career of the Blade Runner.

            Controversy surrounded his medal legs, and there were claims that his artificial limbs gave him an advantage over runners with natural ankles and feet. This controversy helped keep him out of the 2008 Olympics in Beijing.  However, at the 2012 Summer Olympics on August 4,Pistorius made history by being the first amputee runner to compete at an Olympic Games. In the 400 meters race, he took second place in the first heat of five runners, finishing with a time of 45.44 seconds (his best time of the season so far) advancing to the semi-finals.  He ran in the second semi-final, where he finished eighth with a time of 46.54 seconds.

            The debate around Pistorius flips how most people view disability. Pistorius brought about the fear that his medal legs had given him an unfair advantage. The argument is that the blades give Pistorius an added bounce that allows him to conserve oxygen and calories and that the medal would never tire like normal lower leg portions. However, the argument that Pistorius receives an advantage by his medal legs has been disproven by many scientists who have examined his movements, and point out the many disadvantages he must overcome. In any case, Pistorius is a refreshing antidote to the scandals that normally surround individuals with disabilities.

            Walking into history on medal legs, Pistorius has inspired many.  He is indeed the fastest man on no legs. My hope is that he brings awareness to others who have thought that their disability stops them from succeeding in their dreams. Pistorius has blurred the lines on disabled and able bodied individuals, a fete many have been working to do for years.  I think Pistorius said it best when he said “You're not disabled by the disabilities you have, you are able by the abilities you have."

115 Year Relationship Comes to an End....

Not sure if this should be inspiring or depressing. Yes, 115 years is an amazing amount of time to be in a relationship. However, one might hope after over a century together, something could be worked out.

Alas, there seems to be an irretrievable breakdown.

http://www.csmonitor.com/World/Europe/2012/0613/Tortoises-divorce-after-115-years-of-marriage-video

At Hollingsworth& Zivitz, P.C., our team has NO experience in handling animal divorce. If you have questions or concerns regarding non-animal divorce, custody, support, or any other family law concerns contact our firm at 317.569.2200 or hzlegal.com.

Tom Cruise & Katie Holmes - two religions - one child?

Many of you may be familiar with the recent divorce of Katie Holmes and Tom Cruise.  This is a very interesting case for a number of reasons – the speed with which the case was resolved as well as the recent talk that Katie has converted back to Catholicism (from her former religion of Scientology) and enrolled as a parishioner of a Catholic church in Manhattan. 

Why is this issue so talked about since the couple has separated? It stems from the fact that Katie requested in the divorce settlement that she receive sole legal custody of her daughter, Suri. 

There are two forms of custody, legal and physical custody. Joint legal custody refers to the responsibility and authority of parents to consult the other with respect to making major decisions concerning the children’s upbringing, including, but not necessarily limited to, their education, healthcare, and religious training.  When a parent is awarded sole legal custody they may make such decisions without consulting the other parent.  Therefore, an award of sole legal custody to Katie means that she has the authority to determine the religion Suri practices.  Further, there are reports that the terms of the Settlement Agreement specifically prohibit Suri’s involvement with the practice of Scientology.

As you may know, family law issues vary from state to state. In Indiana, a custodial parent granted sole legal custody has the authority to determine the child’s upbringing. In order to limit such authority, the noncustodial parent must show that without any limitations placed on the custodian’s authority over the child, the child would be harmed in some manner. Specifically, it must be shown that the custodian’s authority would endanger the child’s physical health or that the child’s emotional development would be significantly impaired.  Therefore, were the parties to this case to appear in front of an Indiana Court on the issue of religious upbringing after the entry of their Decree of Dissolution, it would be Cruise’s burden to show that Suri’s physical health was endangered or her emotional development was impaired by the practice of Catholicism (should Katie choose to have the child practice such) and, thus, should not be allowed. 

For a discussion on the TomKat proceeding and other issues which arise when the religious upbringing of a child is contested in a family law case, visit the following link:

http://www.slate.com/articles/life/explainer/2012/07/suri_cruise_custody_decision_will_she_be_raised_a_scientologist_or_catholic_or_both_.html

Obviously, the choice of what religion an individual practices is a very personal choice.  If you are going through a divorce and believe you may experience similar issues with respect to the religious upbringing of your child in the future, you would be well advised to obtain counsel.  One amicable resolution to the issue which you may consider is to allow the child to practice the faith of each parent until the child is old enough to decide the matter for himself/herself.

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

Is the Magic Gone?

Making the decision to file for divorce is for many people a heart-wrenching decision that comes at the end of a long, thought out process involving the consideration of the impact on children, finances, and stability, amongst many other factors.

Believe it or not, most divorce attorneys (or at least us at HZ) do not actively encourage divorce.  We understand it is a part of our society, and yes, we earn a living of the process.  However, seeing divorce up close shows that it is often a very stressful process that takes a toll on all involved.  Thus, it is not our role and certainly not our goal to persuade someone to get divorced.   

So what are some of the factors to consider when contemplating a divorce?  For the most part, such advice falls outside of the purview of our expertise.  Moreover, such a significant decision can and should only be made by the person asking the question.  As a starter list, though, the linked article has some sound advice on factors you may want to consider when pondering the potential end of a marriage.

http://www.huffingtonpost.com/2012/06/13/marriage-over-5-questions_n_1587305.html

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.

What is Marital Property?

A common question from individuals involved in a divorce case (or contemplating filing) concerns what property, assets and liabilities are considered part of the marital estate.  The quick answer to that question is assets and liabilities accrued from the date of marriage to the date of the filing of Petition for Dissolution can and likely will be considered divisible between the parties.

As with many areas of family law, there is no bright line test for this evaluation and there are exceptions to the quick answer rule.  For instance, assets or funds inherited by one spouse during the marriage may be removed from the valuation of the marital estate.  If the benefactor wanted to bequeath the funds on both parties, provisions certainly could have been made to do so.  If that did not occur, then the funds will likely be deemed to be solely the beneficiary’s property.

In addition, property that was owned or accumulated prior to the marriage can be considered separate property.  For instance, the balance on a 401(k) as of the date of marriage can be argued to belong to the individual who accumulated the funds.  If the balance was $10,000 as of the date of marriage and is $30,000 as of the date of filing, then it may be argued that only $20,000 should be considered as part of the marital estate.

The examples discussed are just a few of many potential variables to consider when valuing a marital estate and it is important to consult an attorney if you have questions concerning what you may or may not be entitled to in the event of divorce.  The linked article goes to a brief, but good discussion, on factors that could play a role in your case.

http://www.forbes.com/sites/jefflanders/2011/04/12/understanding-how-assets-get-divided-in-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.

Payment of a Child's College Expenses Post Dissolution

Let’s face it- college is expensive. If you are divorced or considering a divorce and have children who are planning on attending college, you may have questions regarding post-secondary educational expenses.

The Court has the discretion to award post-secondary educational expenses and determine the amount or percentage each party and the child(ren) are responsible for.  In making this determination, the Court considers post-secondary education to be a group effort and looks at the ability of each parent to contribute to the expenses as well as the student’s ability to contribute to the expenses.

The Court looks at several factors when determining how much each party and the student must contribute.  For example, the court looks at each of the parties’ incomes and overall financial condition of the parents and the student, educational gifts, education trust funds, and any other education savings program.  The Court also takes into account scholarships, grants, student loans, and other cost-reducing programs available to the student.

Generally, a Court’s considers “educational expenses” to include tuition, books, lab fees, supplies, and student activity fees.  Room and board will also be included when the student resides on campus or otherwise is not with the custodial parent.  Typically, a Court will not require parties to contribute amounts in excess of what it would cost to send their child to an in-state public university for four-years.  However, as we often note in family law issues, parents and their children are able to reach agreements specific to the individual needs and circumstances.

If you are considering a divorce or currently face a divorce and have children who are planning on attending college, 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.

Co-Parenting - What Should I Focus On?

When you are faced with a divorce and you have children, it is essential to learn to co-parent with the other parent. Your children depend on this to be secure and healthy individuals. You don’t have to like each other, but it is important to respect each other as parents so that you can raise your children together. It is not always easy, but usually, it can be done. Here are a few tips:

· Be civil to the other parent. You don’t have to hang out or engage in everyday conversation, but try and communicate nicely, when necessary.

· Encourage your children to have a relationship with the other parent. Allow your children to have free access to the other parent. It will help your children and they will thank you for not making them feel like they are in the middle.

· Discuss the other parent in a way that is supportive and/or complimentary. Your children want your approval in everything. Hearing you speak highly of the other parent will give your children a sense of security and allow them to have positive feelings for both parents.

· Try to avoid talking on the telephone. If it is not an emergency situation, limit your communication to e-mail. If you feel yourself getting angry, step away from the computer. Remember that anything you putting in writing could potentially be used against you in future litigation!

However, even if you make every effort to co-parent, it may not work if the other parent doesn’t want it to work. In this case, the Huffington Post has some ideas on how to parent effectively when co-parenting isn’t an option for you.

http://www.huffingtonpost.com/virginia-gilbert-mft/co-parenting_b_1540479.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.

Custody Involving Active Duty Military Personnel

At Hollingsworth & Zivitz, P.C. our attorneys often work with members of the United States armed services.  Indiana is home to several national guard units.  These brave soldiers who have left so much on the battlefield and who have given so much of themselves in training and drill on the state-side can find themselves involved in divorce and child custody actions.

Fortunately for these individuals, the Indiana legislature has paid special attention to custody proceedings when military personnel are involved and have crafted specific language for active duty and reserve members of the military.

One common issue child-related issue for military personnel involves parenting time during their scheduled drill.  Indiana code has a specific provision to deal with these instances, allowing the guardsman specific mandatory make up time provisions for them to not miss out in the quantity of time with their children.

Additionally, the Indiana legislature has codified law specifically prohibiting courts from factoring in a military members service or relocation in making a custody determination.

If you are a member of the United States military or a national guardsman, and are going through a family law issue such as divorce, paternity, or child custody, the attorneys at Hollingsworth & Zivitz, P.C. are eager to assist you.

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.

Divorce is Possible - What Should I Look Out For Regarding Assets?

In anticipation of a divorce, a party may choose to hide assets.  This is stating the obvious, but not everyone is interested in being fair in a divorce.  There are a myriad of ways to attempt to hide assets, including buying expensive items or collectibles with an eye towards selling the property after the divorce.  Another option is to transfer assets to friends or family members with an agreement that the assets will be returned once the divorce is finalized.

How does one guard against this sort of behavior?  First, utilize information to which you have access.  If you can retrieve account statements or online information, check those records periodically to determine if any unusual spending has occurred.   Second, be aware.  Has jewelry or other expensive items around the house gone missing?  If so, perhaps it is being hidden.

This may sound a bit paranoid, but if you sense a divorce filing may be on the horizon, the more information you can provide to your attorney, the better prepared you will be.

The following article has additional items to be on the lookout for.  While this particular author’s audience is women facing a divorce, the advice set forth in the column contains helpful advice to all individuals.

http://www.forbes.com/sites/jefflanders/2012/03/14/divorcing-women-heres-where-husbands-typically-hide-assets/

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

Health Insurance and Divorce

            A question many clients ask is the impact a divorce will have on their family’s medical insurance coverage.  The answer depends on the status of the case. During the pendency of the divorce, a court can, and often will, order that the spouse providing the medical insurance maintain that coverage for the other spouse and the children while the case is pending.  After a divorce is final however, the spouse providing coverage will only be ordered to provide the children with continued health insurance coverage so long as it remains available through his or her employer at a reasonable cost.  In addition, it is standard that a company will no longer allow coverage for an ex-spouse.

Therefore, if both spouses are capable to providing coverage for the children, the two should agree upon the plan which is most beneficial. The party providing insurance should receive a credit on their child support obligation.  This issue can be revisited if circumstances change such as the employment status of the parent providing coverage.  Therefore, if the terms of a policy or cost of coverage change, the parties may agree to another arrangement a later date or a court may order a different arrangement based on a change of circumstances. In the event neither party has health insurance, the court may still order that the parties obtain health insurance for the child(ren).  Parties in such a circumstance can apply for coverage through the state.

            For a spouse who is does not have health insurance available through their employer, it is highly recommended to research options and costs to obtain coverage once the divorce is finalized. COBRA is an option for a spouse looking for coverage however, this can very expensive and is only available for up to 36 months.  Parties going through divorce should make arrangements prior to the finalization of their divorce to ensure there is no period they are without medical insurance.

The following article has additional information and discussion on this topic:  http://www.huffingtonpost.com/2012/05/07/divorce-questions-health-insurance_n_1480138.html

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