Family Law Case Results
DISCLAIMER: This page contains information about past case results of Robert Schembs. The information has not been reviewed or approved by the Indiana Bar. Please be aware that the facts and circumstances of your case may differ from those of the cases from which these results have been drawn. All cases handled by Robert Schembs are not included in these results. The results herein are not necessarily representative of all clients’ results. Each case is different, and every case must be evaluated and handled on its own merits.
Family law is a very broad subject, and includes all the types of cases listed in the areas of practice section of this website, and more that are not listed. Bob has obtained custody for both mothers and fathers, assisted grandparents in getting guardianships over their grandchildren, fought matters of contested adoptions, and even some contested “unadoptions,” and dealt with family matters complicated by court orders from foreign jurisdictions, parties with mental illness, and with matters that were primarily family law cases, but which involved multiple areas of law in one case.
The usual family law matters do not lend themselves to short case result descriptions. A statement that “custody was obtained after a three day trial,” or that “client received 55% of all marital assets,” does little to enlighten an inquiring individual . So, a listing of a few of our more unique results appears below. All listed matters were within the past ten years.
In January, 2011: Won reversal by administrative law judge of Division of Child Services finding of "substantiated" child molest by client; decision changed to "unsubstantiated." (Central Indiana)
In February, 2011: Division of Child Services "substantiated" molest allegations against client (Father), and court made true finding in CHINS case based on Mother's admission that Father did it; argued successfully for DCS to reverse its decision, which was changed to "unsubstantiated," CHINS case dismissed by DCS; client never brought to trial on CHINS matter. (Northern Indiana)
Won custody for Father after litigation lasting more than a year, in spite of testimony of Guardian Ad Litem (CASA), appointed by same court, in favor of custody for Mother.
Children removed from home of client and his wife after police found very young children locked in bedroom while client and wife went to get tattoos; felony neglect charges also filed, with client and wife facing 3 years in prison; case resulted in great public outcry, lead story on news. Results:
speedy return of children back to home of client; charges against client dismissed (showed children not in any future danger–client falsely accused).
Requested by Superior Court to act a counsel for a mentally troubled mother in hearing to permanently take children from her (termination of parental rights); arrayed in opposition to mother were Division of Child Services, Guardian Ad Litem, and Father; multiple day hearing. Results:
children placed with members of Mother’s family by way of guardianships, and termination not ordered, with Mother still retaining rights as the children’s parent. Allowed Mother to remain a part of her children’s lives, despite her condition.
Result: Successfully transferred custody/visitation matter from court in Puerto Rico to Court in Indiana, thereby protecting Indiana client/Father’s legal position from attack by Mother in Puerto Rico.
Client/Godmother filed to adopt godchildren after such children removed from biological Mother in CHINS action; children placed with foster family in another county; foster family secretly filed adoption in their home county, without required legal notice, in apparent attempt to adopt before Client/Godmother’s adoption case could be heard. Result:
discovered foster family’s attempt,and that matter transferred to Godmother’s county; in contested adoption trial occurring over a three day period, Court ruled in favor of Client/Godmother, and granted adoption to her; at the time, Client had not seen her godchildren for months.
Corporate executive and wife accused of possession/creation of child pornography involving their own children; children had been removed from home by DCS, and police investigation begun. Result:
children quickly reunited with family, avoiding prolonged foster care by strangers; CHINS case not taken forward by DCS, criminal charges not filed; pornography issues shown not to have been true.
Foster mother found to have abused child in her care, due to tiny scratch on child’s arm caused when mother grabbed child to prevent child from falling in slippery bathroom; Result:abuse “substantiated” by Child Services; client had history of being outspoken with caseworkers; after lengthy litigation client’s record cleared, and “substantiation” expunged from records.