Creative Cat IT

About Creative Cat IT

http://creativecatmarketing.com

Posts by Creative Cat IT:

divorce law in indiana

All You Need to Know About Divorce Law in Indiana

, , , , 0

Have you decided that divorcing your spouse is in your best interest? This can be a difficult conclusion to arrive at, and you may be interested in learning more about divorce law in Indiana before you finalize your decision. The actual process may be completed in as little as 60 days, but many divorces extend far beyond this timeframe. At Yoder & Jessup, we know how important it is for you to have all of the facts in front of when as you prepare to walk through this process. From your initial legal consultation until after the divorce is finalized, our attorneys in Garrett Indiana will provide expert legal support and services.

The Legal Process

At first glance, the divorce law in Indiana may seem straightforward. You must first file for divorce. After the 60-day waiting period has passed, the divorce is finalized by the court. At that point, the marriage is legally terminated. However, there may be many factors that must be decided and ruled on before the proceedings can be finalized. These factors must be agreed upon by both divorcing parties, or they must be decided by the court.

Court Proceedings

Before a divorce can be finalized, everything from assets and debts to child custody and more must be decided. These matters could have life-altering effects on both divorcing spouses as well as the children from the marriage. Because of how significant the effects could be, the divorcing couple may feel passionate about these matters and may not be able to agree on them. It becomes the court’s responsibility to rule on these matters in the event of a dispute. This may involve a courtroom trial and other lengthy proceedings. Divorces that go to court often take much longer to be finalized.

Alternative Resolution Proceedings

There are two primary alternatives to court proceedings, and these are arbitration and mediation. Both of these options give the two parties the opportunity to come to a mutually agreeable resolution. These processes may save time and money. Because the court rules according to the letter of the law, a middle-ground resolution reached during arbitration or resolution may be in the best interests of the two parties and their children in many cases.

Important Matters to Consider

While the divorce process is finalized when the marriage is legally terminated, there may often be much more involved in the process that must be worked out before this endpoint is reached. Each marriage is unique, but these are among the most common and significant matters that may need to be negotiated or ruled on before the marriage is dissolved.

Children Affected by the Divorce

Child custody, where the children will live and how time will be split between the parents must be taken into consideration when children are involved in the divorce. Keep in mind that children also have rights that must be considered. In fact, a lawyer for kids may be necessary to ensure that the children are properly represented in the case. Depending on the age of the children and other factors, the children may have a strong say in who they live with and other important matters.

Alimony and Child Custody

Alimony is not awarded in Indiana divorce proceedings, but spousal maintenance may be. Spousal maintenance is specifically awarded to provide financially for the person who will receive it, and it is different than child support. Child support is awarded to provide for the children of the terminated marriage. The distinction between these is important and can impact tax liabilities and deductions for both parties.

Marital Assets and Debts

In many cases, a married couple will accumulate both assets and debts over the years. For example, they may have purchased a house. That house may have equity in it, but it also may have a mortgage. Other examples are credit card debt, retirement accounts, stock accounts and more. If the couple does not make arrangements through mediation or arbitration for all assets and debts, the court may order the sale of assets to pay off debts.

Learn More About Getting Divorced in Garrett Indiana

At Yoder & Jessup, our family law attorneys are available to answer all of your questions and may guide you through divorce law in Indiana. Whether you are exploring your options or you are actively ready to proceed, your next step should be to schedule a consultation with a member of our legal team.

divorce

Who has to leave the house in a divorce in Indiana?

, , , 0

Divorce in Indiana, or legal separations that are filed while both spouses are living in one home can present a specific problem that must be addressed by local authorities in certain cases. The courts may intervene when there is a dispute regarding who actually should stay in a residence or who actually controls the home. Certain information can impact this determination, including safety and welfare of any dependent children. Making a final decision is not always easy, and both spouses could have a valid claim to remain. Per divorce law in Indiana, the court commonly intervenes as a lawyer for kids to a major degree, since they are usually caught in the middle. Their safety typically takes particular priority over other concerns and living arrangements for the parents in most situations.

Property Legal Rights in Divorce in Indiana

When it comes to divorce in Indiana, the first case evaluation will be disposition of the residence and property. A rightful owner generally has the right to possess their property, and a spouse with no claim to the home may have difficulty retaining control of the dwelling. An order of removal from the court will be required, and the owner generally cannot be removed unless the court determines it is in the best interest of all parties for a temporary arrangement via a pendente lite court order until the divorce becomes final. This condition will be superseded when a permanent dissolution of the marriage is granted.

Rental Homes

A spouse removal order could potentially be available in a rental residence case, but this ruling is usually based on the names listed on the lease agreement. Those who have signed the lease are typically still responsible for paying any due rent as well as any accrued bills during the term while the divorce agreement is being negotiated and finalized. If only one name is listed on a lease, the rental property is their residence and the opposing party must move out on their own accord. Landlords can also have input in these cases, and especially when they have a reason to evict either party regardless of marital status.

Dual Property Ownership

The real question of who must leave the home is when a married couple has purchased a home together and both have an equal claim. Neither spouse can be removed per se, and any change in living arrangements directed by the court must be done in association with a petition for dissolution of marriage and a reasonably prudent argument of danger or domestic abuse by the opposing spouse. This condition is also normally associated with a restraining order of some type or personal agreement that can further impact a divorce proceeding if violated.

Dependent Impact

An issue that truly compounds the question of who must leave a home is when there are dependent children involved. This is the situation where the court becomes the lawyer for kids. Parents who understand how a divorce can affect their children often can reach an agreement outside of court, but the state can intervene for the sake of safety and welfare for any vulnerable children if a compelling argument is presented by an endangered spouse who is requesting spousal removal pending a final divorce decree. This ruling is also typically associated with a temporary custody and visitation allowance order until the case goes to court for permanent disposition.

Contact Family Law Attorneys Yoder & Jessup in Garrett Indiana

While some requests for spousal removal happen quickly based on specific events such as a physical altercation or other domestic abuse problem, the truth is that the most effective decision is to evaluate the situation and prepare in advance by consulting with an experienced attorney who understands how to craft a solid removal case for court presentation. Residents in Garrett Indiana should contact Yoder & Jessup Family Law Attorneys for professional advice and representation.

child custody

Factors Determining Who Gets Child Custody in Indiana

, , , , , 0

Child custody is a very serious legal matter for the Indiana court system. Family court judges take their charge seriously when making decisions regarding where a minor child will be living after the divorce becomes final. Even temporary custody is a serious legal matter. When it comes to custody, the court becomes the lawyer for kids. Even though courts encourage divorcing parents to develop a parenting plan going forward after the separation, the court will still evaluate specific elements of the case according to divorce law in Indiana before making a final ruling. Here are the primary issues family court judges will consider. 

Age of the child

 The age of the child is a fundamental aspect of child custody assignment. Dependent children approaching their teen years have typically already progressed to independent thinking. However, those 10 years or younger will have specific emotional and physical needs while still in the early developmental stage. 

Health considerations

 While this is generally not an issue, there are still families with special needs children that must allow for proper healthcare and maintenance for the child. Health concerns can also impact other aspects of divorce. These include financial responsibilities for parents and access to necessary treatment facilities. 

Proposed parenting plan

 Most divorces in Indiana will go through some form of mediation process. Part of the mediation process is also crafting a feasible parenting plan, including the wishes and concerns of each parent regarding rearing their children. Parents in an amiable divorce will actually often present a workable child custody and visitation arrangement based on the entire family’s wishes that the court will accept, but not always. The Indiana court system has significant latitude when awarding child custody. 

Home stability

 In some cases in Indiana, the court will issue a child custody ruling based on the home environment. It is not unusual for one parent to have more ample means of support than the other, and the disparity is often very wide. Some factors may effect the courts ruling such as concerns with other adults potentially living in the home, financial support viability, or even criminal history of either parent or significant other. Child custody requests are contested strongly on these premises.

Wishes of the children

 Parents commonly do not consider their children’s wishes when determining where they will live after a divorce. Several factors can impact this issue, but the court will be as concerned about the mental health of the child as well as their physical well-being. Children have a right to be relatively content in where they are living. Factors such as where they will attend school and their routine can be a major factor in a final court ruling. This information will often include the court wanting to know the child’s wishes regarding their custody. 

Third-party custody assignment

 There are also cases where both biological parents have personal issues that can impact the ruling regarding child custody. This is especially true in situations where both have a criminal record or are unable to provide a reasonably comfortable home and stable environment for whatever extenuating circumstance. Grandparents being assigned custody is often what results from these instances. There are some cases where children are designated to individuals outside of the family and are not allowed to return to the custody of a biological parent until the parents can prove financial or social stability to the court. 

Contact Yoder & Jessup 

 Family Law Attorneys in Garrett Indiana

 In Indiana, all divorcing parents need to understand that the court becomes the advocate lawyer for kids in all separation situations. Regardless of marital property distribution and assignment of financial support responsibilities, the welfare of dependent children is the essential element of their ruling. There is no guarantee a child will be placed with either biological parent when their rights have been compromised for any particular verifiable reason. It is always best to be prepared for any position the court may take on child custody. 

 The best method of ensuring a court decision that is positive for the entire family is retaining a family law legal professional like Yoder & Jessup Family Law Attorneys in Garrett Indiana who can craft your case for comprehensive presentation to the court. Requesting child custody can be the most challenging component of a divorce. An experienced family law attorney can provide the satisfaction that a child custody disposition request will be granted.

How To Find The Right Divorce Attorney In Garrett Indiana

0

Getting a divorce is a watershed moment in most people’s lives. While it sometimes happens as a quick response to a severe violation of trust, such as infidelity or spending money frivolously with no regard for the family, many divorces are thought out well before deciding to file. The analysis of when to file also commonly includes a comprehensive evaluation of who to hire as a lawyer. The best divorce attorney in garrett indiana who will fight at your side and work with you is Yoder & Jessup Attorneys at Law, and here is why. 

Child Custody

 One of the most important issues in many divorces is the disposition of minor children or other dependents. Some families even have special needs children who will need some support level even after they reach adulthood. And of course, all children under 18 years of age will be included in any financial child support obligations as determined by the court. Even though the court system commonly advocates for minor children in a divorce case, child custody is still often a contentious issue when parents are arguing over control of their children. An experienced family lawyer will understand how to navigate these intense situations and arrive at a reasonable remedy within the scope of the law. 

Property Division

 Property division is also a contentious issue when dissolving a marriage, especially when one spouse has more personal wealth than the other. The only marital property in Indiana is what is accumulated during the length of the marriage, and many times one spouse will attempt divesting or selling items before the case goes to court. Even worse, they may stash money away. There are ways to stop this in some instances. Financial transfers can also be documented in some cases, including when the court makes a final decision or during a mediation agreement process. This is when it is vital to have an aggressive Indiana attorney who will take control of the dispute and demand fairness or take the issue to court in a formal hearing. 

Retirement Benefits

 While this asset division may not apply in every case, many divorces are between couples who have professional employment and significant incomes. And, many times, this includes a retirement package or savings plan that accrues over the years with contributions. The amount of these assets obtained during the length of the marriage is considered marital property by the state. It is very common for divorcing couples to have retirement accounts included in the marital property to be divided, but one spouse may need to pay the other some amount of money. An experienced family attorney can access all of the documentation and negotiate a balanced settlement. 

Domestic Violence Divorces

 Not all divorces in Indiana are amiable and processed smoothly in accordance with the law. Domestic violence is a common core issue that results in the end of many marriages. Children do not need exposure to violent or aggressive behavior, whether it is in the home or when visiting the problematic parent. And, the parent with the violent tendencies can be either male or female. It is not uncommon for a divorcing spouse to request a restraining order or supervised visitation, both of which can be arranged with a reputable attorney who has handled complicated domestic violence divorces in the past. 

 The primary goal for most divorcing couples is to get as much visitation with their children as possible while making a relatively clean separation to go onward in life. Anyone searching for a comprehensive family law professional in GARRETT INDIANA will know they have found the right attorney for their case when they find one who can deliver on all of these necessities that are central elements of divorces. In GARRETT INDIANA, that divorce attorney in Garrett Indiana is Yoder & Jessup Attorneys at Law. For more articles to help walk you through some of the intricacies of the divorce process and child custody battles, click here.

Child Support Block With Bible And Mallet

What to do when spouse stops paying child support

, , , , , 0

Financial support is a valid legal responsibility of non-custodial parents in a child custody case. Even in some situations of joint child custody, one parent can still be required to pay the other parent when there is a significant difference in earning power or personal assets. The court is very serious about keeping child support payments current because they are always first concerned with the welfare of children who are caught in the middle of a divided living situation. Whether the support order stems from a divorce agreement or is assigned in a paternity case, those with court orders will have problems if they discontinue payment. There are situations where child support can be reduced when earning power or asset level has diminished, but it is always best to inform the child support enforcement division when payments will not be met. Here are a few steps a custodial parent can take when child support payments stop without notification or adjustment from the court. 

Report to Child Support Enforcement

 The first step a recipient spouse can take is telling the child support collection agency that the other parent has failed to pay. This should be done when the first payment is missed, and then updates should be provided if necessary. The child support office will then contact the ordered non-custodial parent and request information regarding their failure to pay. The Indiana State Central Collection Unit could then summon the delinquent non-custodial parent to appear in court for an explanation to the judge, which is protocol in most instances where a parent fails to pay child support.

Request a Paycheck Withholding Order

 Paycheck withholding is not always assigned in a child support case. Many times non-custodial parents have steady employment and have shown no unwillingness to pay what the state determines. There can be disputes about payment amounts, but the court typically assesses the minimum amount based on the wages or assets of the non-custodial parent. The custodial parent can request the court to issue a paycheck withholding order when payment has not been consistent. The employer is required to calculate the amount at each paycheck period and submit the payment to the ISCCU. 

File a Lien

 Another alternative in serious cases of failure to pay child support is file a lien against any property that the non-custodial parent owns. Even property with a creditor lien can be subject to a second lien holder designation in some instances. This is relatively rare, but it is an option for some custodial parents who have difficulty receiving child support payments. While it may not be necessary to retain an attorney to accomplish this task, it is always best to have a family attorney like Yoder Jessup representing your interests when taking this step because there can be legal technicalities. 

Seize Assets

 The most drastic step for recovering unpaid child support funds is seizing the assets of the non-custodial parent. This will often result in a mediation process where the custodial parent’s divorce attorney submits the proof necessary to request a confiscation order from the court in favor of the custodial parent. Mediation is an alternate dispute resolution tool conducted in private with no information discussed being provided for public viewing. Non-paying parents can then decide whether they want to enter into a private contract agreement to pay the delinquent amount or forfeit the property in exchange for reducing child support obligations proportional to the property value. 

Contact Yoder Jessup Family Attorney Garrett Indiana

 Just as each family is unique, some child support cases can also have extenuating circumstances. Not only do custodial parents have a right to request child support payments, but either parent can request an obligation reevaluation when income or asset levels change. Many times there is a reason child support payments become delinquent, and the court is primarily concerned that both parents are fulfilling all orders. It is rarely a good decision to address this legal matter without solid representation from an Indiana legal professional like Yoder Jessup family attorney in Garrett Indiana. 

Divorce agreement. Wife and husband can not make settlement

Separation of Assets 101

, , , , , , , , , 0

Divorcing in Indiana can be much different from other states due to the marital property allowances within the Indiana statutes. There are essentially two types of divorce in Indiana. Those are marriages where dependent children are involved and those where dependent children are not involved. The primary issue in Indiana, aside from child custody and support issues, will then be the division of marital property. For families of considerable wealth, this can be a detailed process regardless of whether the couple has accumulated assets throughout the marriage or before. The dividing line is not always a timeline, as the statutes give the court significant latitude when awarding property in a final decree. Here are the basics of what the court may consider. 

Determining Marital Property Inclusion

 One of the first steps in dividing assets in Indiana is identifying what assets are marital property and what assets are not to be divided. One distinct notation in Indiana is that the ending date for accumulating marital property is the day of final separation and not the final day of the marriage. In addition, any pre-nuptial agreements must be presented to exempt any specific property. Inheritances and legal case settlements can also be included in this process. The responsibility of proof is incumbent on the spouse who owns the property or is using a prior agreement for exemption of the property to be considered by the court. The court otherwise assumes all property of the couple as marital property. Due to the potential for a court order other than a 50-50 split of all assets, it is always essential to have an experienced and aggressive family attorney legal professional representing your best interests. 

Property Acquired Prior to Marriage

 Particular in contesting property subject to division is property acquired before becoming married. This property is typically also included in the marital asset category, but the spouse who had total ownership prior to the marriage can present evidence in support of an exemption request. This is common with homeownership. Business ownership can be exempted as well under certain conditions. Still, the income generated by the business during the marriage is almost always considered marital property for the sake of an asset buyout of either spouse. 

Asset Division and Child Support

 Asset division can get complicated when children are involved. The custodial parent is usually allowed child support on some level, and the minimum allowable support amount may not necessarily be ordered. The amount of support is tied directly to the asset and income level of the non-custodial parent. When there is evidence of a significant difference in the asset and income level of the parents, the court can issue rulings of increased support as the child’s legal advocate. Furthermore, this allowance can apply to post-secondary education responsibilities as well in some instances. Authority to occupy any specific home can also be part of this court order when the custodial parent presents evidence in support of needing the dwelling as a primary home for dependent children. 

Liability Division

 Just as in a business dissolution case, paying financial liabilities is also divided among divorcing couples. While this can include mortgage payments and other accumulated debts, it can also include other outstanding financial liabilities such as credit cards. In addition, either spouse can claim exemption from certain financial liabilities under aggravating conditions when financial factors or spousal behavior has dwindled family assets or increased family debt. Also included in these claims can be withdrawing assets from bank accounts and selling property shortly before an eminent separation officially began. 

 It is clear that divorcing in Indiana can become a long and frustrating experience, and it is crucial to have a solid attorney when going through court procedures. There is often much to lose without effective legal representation because the Indiana court has considerable power to distribute assets on unequal terms. The best method of avoiding an unwanted ruling from the court is retaining a comprehensive Garrett Indiana, attorney who handles divorce cases as a primary practice focus who has a reputable track record of results for their clients. The family attorney you choose matters, especially when child custody is a contestable issue, and you always need an aggressive attorney when entering into an asset division mediation process.

Child Custody: Visitation Rights 101

Child Custody: Visitation Rights 101

, , , , , , 0

Child visitation is a central aspect of all divorces where spouses have dependent children. Not only does each spouse have rights to a relationship with their child according to the Indiana parenting plan guidelines, but the children have legal rights as well to the same relationship development. The primary problem is that not all divorces are amicable when child visitation is being discussed in a divorce mediation proceeding or even when being implemented following the fact. It is essential for all parents to understand that they have significant legal standing when being denied ample opportunity to build a solid relationship with their offspring. This standing also includes paternity cases outside of legal marriage. Regardless of the material facts, it is always best to have an experienced and effective Garrett, Indiana, family attorney representing your case for the desired outcome. Each case will be unique in some fashion, and knowing how the law applies to a specific situation can be complicated. 

Immediate Visitation Rights

 Establishing visitation rights can be a complex process for some. When couples are divorcing, most divorces begin with a legal separation and then move on to the actual divorce process. Parents have a legal right to visitation with their biological child unless there are serious extenuating factors that can prohibit allowance. This is typically established even before a hearing in many instances, primarily by fathers who cannot access their kids immediately after the split. In addition, men who have paternity claims have legal rights as well, but enforcing this right will take going to court for an evidence evaluation by a family law judge. Once paternity can be proven, legal visitation and potential child custody issues can be discussed. Paternity cases can be detailed, and many times visitation may be monitored when the custodial parent contests the visitation. 

Joint Child Custody Rights

 Another right for parents is filing for joint custody. Joint custody is not always granted by the court when they step in as the advocate for dependent children, but either parent can request this possible arrangement. Joint custody is typically restricted to biological dependent children but can extend to non-biological children when continuing an established parental relationship is beneficial for the child. There are several factors the court will consider when reaching a decision on a joint custody request, but the allowance can be negotiated within the framework of a parenting plan in association with a mediation process. Indiana courts encourage divorcing parents or even estranged parents to negotiate a parenting plan for their children. A comprehensive Indiana family law attorney can help craft the arrangement for acceptance by the court. 

Right to Question How Your Child is Being Raised

 Parents of dependent children do not always agree regarding how a child is being raised. This can be a difficult topic to settle in court, but parents still have the right to a formal discussion of any problems either parent may have. Most custody orders are for custody and control instead of sole custody of the child, and certain factors such as lifestyle or religion could create problems as the child becomes of age. This is a decision that is also best addressed when worked out in mediation with an attorney for each side presenting the concerns of both the contesting parent and custodial parent. Having the right attorney can make a difference in these rare cases because the final ruling from the court can be unexpected, and often undesired. An experienced family attorney can provide advice on how the court may rule before going forward with the evaluation, and a compromise of some sort is often the best course of action. 

 Indiana parents should always remember that they do have significant rights as a parent, and so do their children when the court intervenes. And always remember that the nuances of the court can result in an unwanted situation regarding visitation with dependent children. It is best to retain a family law legal professional who has an established track record of results for their clients. 

Do’s and Don’ts of Child Custody Battles

Do’s and Don’ts of Child Custody Battles

, , , , , 0

 While some couples are able to walk through the entire divorce process rather amicably, this process often evokes strong emotions for all involved. Through the dissolution of a marriage, assets and debts are divided, and the results could have long-term or even life-long ramifications on the couple and their children. The matter of child custody may be even more challenging for parents to deal with. Regardless of the circumstances you are facing today, you understandably need to do what it takes to ensure the best outcome for your children. While each case has unique nuances, all cases can be influenced by your actions throughout the case. 

Essential Steps in a Custody Battle

 Family law is complex, so hiring a family attorney to represent you and fight for your rights in and out of the courtroom is essential. However, simply hiring a top lawyer is not enough to ensure the most favorable outcome available under the established laws. What can you do to walk through the proceedings on solid ground?

Learn About Your Legal Rights

 Family law is complicated, so it is vital that you fully understand what your legal rights are. At the same time, you need to be aware of the many options available to you. Your lawyer in Garrett, Indiana will answer all of your questions and will help you to understand the scenarios available to you. 

Consider the Benefits of Arbitration

 A bitter custody battle fought in the courtroom can result in significant stress for the children and the parents. When a matter is taken to court, the resolution is decided by the court. If the couple is open to arbitration and negotiations, they may be able to set up an amicable solution on their own. Arbitration may be used to negotiate matters like child support, custody, parenting time and other factors. 

Actions to Avoid When Fighting for Custody

 While there are some steps that you can and should take to navigate through this legal issue more successfully, there are also actions that you should avoid. Some actions may lead to unnecessary stress, extended delays, and even an undesirable outcome. What should you avoid doing in a custody battle?

Go Against Court Orders

 The court may establish various temporary arrangements related to visitation, child custody, and other important factors. Your compliance with these temporary orders could impact the judge’s final ruling on the child custody case. In the event of a serious issue with temporary court orders, your attorney can guide you on the proper way to navigate through the nuances of the legal system. 

Overlook Your Lawyer’s Advice

 An experienced family attorney has considerable insight as well as exceptional legal strategies that can be used in your favor as you fight for custody, visitation, support, and more. Through your attorney’s vast experience, he or she may offer extensive legal advice until the matter is resolved. Rest assured that your attorney has your best interests in mind. All advice is based on the lawyer’s understanding of the law and the outcome you want to achieve. 

Get the Legal Representation You Need

 With so much at stake in a custody battle, the professional expertise of a seasoned lawyer can be crucial. Your divorce lawyer can fight for your interests throughout all aspects of the proceedings so that you and your children can enjoy the most favorable outcome possible under the law. If you have not already hired a lawyer, now is the time to do so. 

Child custody phrase and toy heart on house picture, kid holding mother hand

What is the Difference Between Shared Custody and Joint Custody

, , , , , , 0

When parents decide that they don’t want to be with one another any longer, they often have to choose what happens with their children. When both parents are willing to stay a part of their child’s life due to separation or divorce proceedings, joint custody and shared custody are two options that will be on the table. While they may sound somewhat similar, shared and joint custody has some differences you will both need to be aware of before deciding on the course of action you should take. It’s important to hire a family attorney in Garrett, Indiana, who will help you both decide what arrangement is the best for your specific situation. 

 Understanding Shared Custody

 When a shared custody arrangement takes place, both parents will share legal physical rights to the child or children in question. Each parent will have the same amount of time when it comes to having their child in their homes. A judge may help the family determine whether or not shared custody is best or not. In many cases, shared custody is a good idea if both parents can settle on a set schedule. 

 In this type of agreement, both parents may or may not have to share their legal parental rights. This means that one parent may have more influence over their child than the other. Examples of this may be religion, education, and healthcare. When shared custody is the judge’s decision, both mom and dad will be required to talk with one another to decide what will be best for the child concerning these issues. An experienced attorney will be able to help you with the specifics of shared custody. 

 There are a few instances where shared custody will be more appropriate for the child. If one parent has been ill or is dealing with a physical disability, it may be difficult for them to care for their child in the way he or she needs. Shared custody is also often given when one parent is financially unstable or frequently travels out of town. 

 Understanding Joint Custody

 When a family takes on joint custody of their child or children, physical rights will be shared as equally as possible. This means that both parents have the right to spend the same amount of time with the child in their homes. In most cases, the parent will sit down to agree upon a rotating schedule that works out for both parties. In the event an agreement cannot be reached, a judge will step in to determine the amount of time each parent has with their child. 

 When joint custody has been established, each parent is expected to be highly involved with the child. They will be expected to share all responsibilities equally. When a family decides on joint custody, they must work together to agree on the various decisions concerning their child’s upbringing. This will include issues such as religion, education, family matters, and health care. Putting the needs of the child before their own personal issues is extremely important. 

 Joint custody will work better if both parents are amicable and capable of making decisions together. It is also helpful for the parents to live and work relatively close to one another when joint custody is a favored option. Joint custody is also more beneficial when the child is in school. 

 Talk to an Experienced Family Attorney Today

 When parents split up, figuring out the child custody arrangements will usually be an emotional and frustrating process. Both parents must sit down and calmly discuss what will be best for their child. There are several factors to consider when deciding between joint and shared custody. However, emotions often get in the way of making a decision. It’s a good idea to have legal assistance when figuring out what type of child custody will work the best for your situation. 

 The divorce and family law lawyers at Yoder Kraus & Jessup P.C. have years of experience in the different areas of family law. We can help you decided what is best for your child when child custody is a concern. Give us a call today to learn more at 1-260-347-9400 or 800-545-6453.

Do’s and Dont’s of Divorce

Do’s and Dont’s of Divorce

, , , , , 0

The decision to end a marriage is not one to ever be taken lightly. It is a watershed moment in life for most people when deciding not to stay in a legal relationship. Many who have children very often postpone the event in hopes that conditions will get better, but more often than not, the eventual separation will occur at some point. Those who make the decision over time and do not make a quick and hasty choice will have thought long and hard about each aspect of their life that needs addressing, all of which are components of going forward with life after the separation is final. In addition, even for those who know quickly when the time is right, getting prepared is essential too. A few considerations that Garrett, Indiana family attorney Yoder Kraus & Jessup suggest remembering before making the final decision to file with the Indiana court system. 

Getting Prepared

 Sometimes it is better to avoid doing certain proactive things that will send an immediate red flag. Stealth can be the friend of the divorcing spouse who files first. But, there are a few issues to evaluate and address beforehand. Since the most crucial aspect of the separation will involve children, housing arrangements, and finances, it is vital to have a good accommodations plan when making the final decision. Putting together a comprehensive listing that addresses all of these concerns first is an excellent initial step in the right direction. The court system will request a parenting plan to be worked out in association with a family attorney who can ensure that the children’s rights are enforced, set parameters, and build a case for child custody. According to Indiana family law statutes, the court system typically responds as an advocate for the children first and then evaluates classification of assets and distribution of marital property. 

Actions to Avoid

 The first action to avoid when divorcing is draining the family bank account. This can backfire when marital property is being assessed because the money is owned in community. The state of Indiana views marriages much as business partnerships, and any extracted funds can be negative evidence when the case is being adjudicated. Another element of the divorce that can have a negative impact is personal disposition and retaliatory actions. It is always important to act as an adult, even when emotions are high. The court is not so much concerned with this aspect unless there are minor children involved, but acting erratic or breaking the law in any fashion can be problematic even in seemingly simple divorces. Being combative in any manner does not bode well in any family law court. This problem can be avoided by retaining an experienced family law legal counselor who can negotiate a final agreement through a mediation process. Each spouse has legal responsibilities to each other until the order is entered, and proper assessment of personal and marital property must be completed before an equitable distribution order can be rendered by the court. Financial liabilities are shared and assets and those responsibilities are also included in any mediation agreement. 

 While some individuals who are going through a divorce will not seek legal counsel or retain representation, this is never a good decision. In fact, it is best to consult an attorney in Garrett, Indiana like the legal professionals at Yoder Kraus & Jessup before even filing or responding to a service of legal paperwork. There are often extenuating legalities associated with any divorce, and it is always best to know what you are facing legally and what legal rights you may have in the process.

Load More

‹ ›
INDIANA LEGAL ARTICLES_basic-file

Follow & Share

December 2023
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031