Indianapolis Family Law Blog

How can I claim visitation rights in Indiana?

On behalf of Schembs Law posted in Custody & Visitation on Friday, May 8, 2020.

If you have to split parenting time with another parent instead of sharing it, the experience is bound to be a little stressful at least. But we always want to be at our best for our kids. This is why legal representation in the quest for visitation rights is so important.

How is custody and visitation worked out in Indiana?

The law in Indianapolis holds that a child's best interest is generally served by a relationship and contact with both parents even when they are separated or divorced. Exceptions exist, such as if one parent represents a danger to the child.

How does visitation differ from custody?

Communication can help simplify a divorce

On behalf of Schembs Law posted in Divorce on Friday, May 1, 2020.

Weddings can be one of the most expensive and stressful events in a person's life. This can be especially true if the marriage leads to a divorce, which is often expensive and stressful in its own right. But that is not necessarily how it has to go.

A lot depends on the relationship that spouses have just prior to and during separation. There are many reasons that a divorce could happen, but communication is often a big part of divorce just like it is part of a marriage.

Grandparents may have visitation rights

On behalf of Schembs Law posted in Grandparents' Rights on Friday, April 24, 2020.

A lot of grandparents will tell parents all too gleefully that it is way more fun to be a grandparent than a parent. They get to pack children with sweets and take them on fun trips while putting less into discipline and all the drags of parenthood. But there are times when grandparents have to step up and take care of an entire childhood.

Grandparents also have rights when it comes to visiting children, just like parents during or after a separation or divorce. The parents of parents gained limited allowances for visitation rights after a U.S. Supreme Court ruling. Indiana follows this federal rule, making custody and visitation questions easier to answer.

New approaches to family law reduce competition

On behalf of Schembs Law posted in Family Law on Friday, April 17, 2020.

Why is marriage such an enduring human institution? Beyond the simple need to continue the species, married people create a bond throughout their lives that is nothing like other relationships we end up having. Even family is not the same because we get to choose our spouses.

But that also means that people can choose to separate and start new lives. If this decision is made only by one person, it can end up a traumatic event. Even if a couple agrees to separate amicably, this can have a lifetime effect on children or others who cannot make decisions.

Increasing your chances of gaining custody as a father

On behalf of Schembs Law on Thursday, April 16, 2020.

If you have found yourself in a custody battle after becoming separated from your partner, you may be doubtful about whether you will be successful in gaining custody going forward. As a father, you may be feeling particularly insecure, because you may have been led to believe that the mother has a higher chance of gaining custody.

Child custody courts take many factors into account when determining child custody. However, they are not permitted to discriminate against fathers or mothers. Instead, they try to look at the relationship that the child has with each parent, the routines of each parent and the needs of each child. From there, they aim to find an arrangement that is in the best interests of the child. If you are concerned about gaining custody of your children as a father, take the time to understand the things that could increase your chances.

Child Abuse Prevention Month brings awareness to Indiana

On behalf of Schembs Law posted in Custody & Visitation on Thursday, April 9, 2020.

Parents like to justify some of their excesses by proving they are doing things for their children's welfare. Kids are our most precious resource in the hopes of a bright future, so parents and guardians owe their best efforts to cultivate minds and secure young bodies from harm.

Youth, however, are often among the most vulnerable groups for abuse. Trusted relationships can turn ugly through preexisting trauma, irresponsible parenting or simple neglect. An Indiana organization is making a stand as a state to prevent and reduce child abuse by raising awareness in April, designated as Child Abuse Prevention Month.

How does divorce work in Indiana?

On behalf of Schembs Law posted in Divorce on Friday, April 3, 2020.

There was a time in Indiana and most other states where divorce was nearly unheard of and was only conducted with special dispensation. Now, however, the end of a marriage is more common and more laws deal with the various issues connected to it. Fortunately, anyone who wants a divorce generally has a road to get one.

How can people qualify for a divorce in Indiana?

Can Indiana grandparents apply for visitation rights?

On behalf of Schembs Law posted in Grandparents' Rights on Friday, March 27, 2020.

Families used to be a lot closer, with many generations of a clan living on place among the more common residences in early America. Although family homes are generally smaller in scope now, the law still recognizes the closeness of family between more than one immediate generation.

What sort of rights did grandparents have?

Grandparents had more latitude to care for, adopt or have close relationships with their children's children in most of the 20th century. Washington State, for example, once gave courts the latitude to grant visitation rights to anyone who applied for them.

What about now?

Stay out of trial if you want control over custody

On behalf of Schembs Law on Monday, March 16, 2020.

You and your spouse have been fighting over custody, and you want the fight to come to an end. You want your children to have a stable schedule and to know what to expect each day. You are tired of having to fight with your spouse and want to move forward with your divorce.

One option is to take your case to trial, but that's something that you will want to consider carefully before you choose to proceed. Fighting for custody in trial can be a losing battle, because the likelihood is that neither you or your spouse are going to get exactly what you want. It's generally better to work something out yourselves, because you can negotiate a plan that is as close to ideal as it's going to get.

"Gray divorce" carries financial consideration

On behalf of Schembs Law posted in Divorce on Thursday, March 12, 2020.

A growing number of older couples in Indiana and across the country are choosing to end their marriages later in life. Nationally, the divorce rate for people 50 and older has doubled since 1990, at the same time when the rate has stayed stagnant or even declined for other generations. There are a number of reasons why more people are deciding to end their marriages in their golden years. People are living longer, healthier lives and want to enjoy their time, and parents who waited to separate until their kids were grown may now not care. In addition, older Americans are members of the same generation that changed social attitudes about divorce overall.

However, there are also important financial considerations that may be particularly important to keep in mind in the case of gray divorce. In the first place, retirement savings often represent one of the largest assets held by these couples. Dividing a retirement plan can be complicated, and many require a specialized court order called a qualified domestic relations order.