Indianapolis Family Law Blog

Interfering with visitation time

On behalf of Schembs Law posted in Custody & Visitation on Tuesday, December 3, 2019.

Custodial parents in Indiana sometimes refuse to allow their children's other parents to have visitation with the children despite child custody and visitation orders. Parents may not arbitrarily refuse to honor a noncustodial parent's visitation time. There are several common and illegitimate reasons why some custodial parents refuse to allow their children to have visitation with the noncustodial parents.

Some custodial parents refuse to allow visitation when the noncustodial parents are behind on child support. This is not a valid reason since visitation and child support are separate issues. Other times, parents refuse to allow visitation because they are bitter towards the other parent. Some refuse to allow it because they dislike the significant other of their children's other parent.

What to know about UCAPA and the Hague Convention

On behalf of Schembs Law posted in Custody & Visitation on Wednesday, November 27, 2019.

It's becoming more common for individuals in Indiana and throughout America to get married to people who live in other countries. As a result, it is possible for a parent to share custody with a person who may bring a child to his or her home country. If a dispute occurs, it may be resolved under the terms of the Hague Convention. This agreement aims to get parents who have taken their child out of the country to honor the original terms of a custody order.

It is important to note that the Hague Convention only applies if a nation has signed on to the agreement. Furthermore, it only applies to children who are 16 or younger. Parents are encouraged to learn more about customs in foreign countries that may influence a court's ruling in a custody case. While separated, parents are encouraged to call, write or otherwise stay in contact with their kids.

How to successfully raise children with a toxic ex-spouse

On behalf of Schembs Law posted in Custody & Visitation on Tuesday, November 19, 2019.

Many things lead to Indiana couples breaking up and getting divorced. It can be challenging for these divorced couples to co-parent after the divorce, especially when one of them is a toxic person. Here are some tips to help a co-parent successfully raise their children despite the challenges that arise from dealing with a toxic ex.

The first thing that a person will need to do after a divorce is set boundaries as to how and when communication will take place. Many parents have found that using email or a parenting portal can reduce frustration when communicating with a toxic ex-spouse. It also allows all conversations to be documented in case they are needed in a legal setting in the future.

Identifying and stopping indirect parenting time interference

On behalf of Schembs Law on Friday, November 15, 2019.

When parents choose to raise their children separately, they sometimes have a hard time respecting each other's rights to time with their child. Of course, this is understandable because most parents hate to miss out on key moments in a child's upbringing and want to actively raise their child as they see fit.

As difficult as it often is to accept, parents may have very different approaches to raising a child, or may deeply distrust the intentions or character of the child's other parent. Courts recognize that this tension is common, and expect parents to work together while obeying their custody order. If one parent violates the rights of the other parent, or of a grandparent with legally recognized parenting rights, courts may step in and remove parenting privileges or use other punishments to address the violation.

Nurturing the parent-child bond over a distance

On behalf of Schembs Law posted in Divorce on Wednesday, November 13, 2019.

When parents divorce in Indiana, the pressure of employment or family obligations may force one parent to move far away from the children. In most cases, this is the father, but mothers can also be non-custodial parents who need to cope with long-distance parenting. Especially when combined with the emotional weight of the divorce, a far-away parent can be challenging for a child. Kids may feel rejected or like their parents do not care. However, there are some tips that parents can follow to nurture the parent-child bond even across many miles.

Online communication is a major tool that parents and kids can use to stay connected after divorce and over a long distance. Whether parents opt for regular texting, WhatsApp chats or video calls over Skype or FaceTime, this regular communication means that a parent can be an active part of a child's life even from cities, states or countries away. These chats should not be rare; on the contrary, regular communication and reliability are central to cementing closeness between parents and children. While these calls or texts can be short, parents should take care to show close interest their children's school activities, friends or hobbies.

Determining custody schedules for infants after divorce

On behalf of Schembs Law posted in Custody & Visitation on Wednesday, November 6, 2019.

When parents of infants in Indiana get a divorce, they may have some additional challenges regarding child custody. When a child is that young, some parents who are the main caregivers may be hesitant to leave the child with the other parent. However, even if the other parent is less experienced with the infant, that parent can learn. It might be necessary for the main caregiver to trust the situation and allow the other person to parent in their own way.

It is unlikely that these visits will be very long to start with. Frequency and consistency are important to allowing the child to bond with the other parent, but the visits can be just 30 minutes or a few hours. They may happen a few times a week. Parents can work together to determine the least disruptive arrangement based on the child's eating and sleeping schedule. They may want to consider overnight visits as well, but some courts do not allow overnight visits until the child is older.

Managing investments during a divorce

On behalf of Schembs Law posted in Divorce on Thursday, October 31, 2019.

The fact that financial challenges can affect marriages is nothing new; some married individuals with student loan debt said that the debt was a factor in the dissolution of their marriage. Indiana residents may be interested in learning how to manage their investments through divorce.

Divorce rates are falling for younger people. However, gray divorce, which is divorce among people 50 years of age or older, has doubled since the 1990s. The divorce rate for those 65 years of age and older has tripled since the 1990s. Divorce for older couples can have an even larger financial impact than it does for younger couples because older people are already into retirement.

Using strategic divorce in order to save money on taxes

On behalf of Schembs Law posted in Divorce on Tuesday, October 22, 2019.

Some couples in Indiana are concerned about how much they will have to pay in taxes because of what is being called the "marriage penalty." Taxpayers who file as a married couple and have a taxable income in the 37% bracket may look at a strategic divorce in order to avoid this levy.

Before a couple would make this decision, they need to think about both the financial and social impacts the divorce would have on them in the short term and the long term. Some couples have decided that this is a beneficial route for them to go because of the tax savings that they would be able to experience if they are able to file as single individuals. However, there are often unforeseen consequences that surprise people, so it is necessary to know all of the facts before making a decision.

The risks of informally stepping in to raise your grandkids

On behalf of Schembs Law on Tuesday, October 15, 2019.

As a parent, you often do anything and everything you can to support your child in their struggle for a successful life. If your child has run into unexpected hardships, you may have to take over some of their responsibilities. For example, severe addiction, incarceration due to criminal charges or extreme medical conditions could all lead to a parent being physically or legally unable to care for their children.

You love your child, and you love your grandchildren as well. It is only natural to want to step in and assume those important parental duties when your child cannot perform them. While stepping up immediately to fill that role is the kind and natural thing to do, an informal arrangement will not offer you or the children much protection.

Signs experts say indicate divorce is on the horizon

On behalf of Schembs Law posted in Divorce on Tuesday, October 15, 2019.

Indiana residents may be interested in hearing what some indicators are that could mean a person is headed for divorce. People reach a point in their life where they feel like they might want to get divorced, but they still have doubts. They appreciate that divorce will change their life, so it's not a decision that they want to make quickly.

One sign that experts point to is not eating meals together. This could seem like a relatively minor issue, but it could indicate something bigger is going on in the marriage. There are a number of excuses couples use for not eating together. It could be that one partner has a different work schedule from the other. But whatever the excuse, it is usually an indication that the married couple is living a life that is disjointed, and this can lead to divorce.