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December 2019 Archives

Holiday season known for leading to surge in divorce filings

The end-of-year holiday season offers many families in Indiana an opportunity to spend quality time together. For people in troubled marriages, however, the holiday season often represents a final period of family togetherness before people announce that they are filing for divorce in January. Family law attorneys generally agree that they experience a surge in new clients and divorce filings in the first weeks of the New Year.

Grandparents have limited legal rights to their grandchildren

The grandparents usually get to have all the fun with the kids and the parents call the shots. For the most part, this arrangement works out just fine. However, when parents make questionable decisions and the grandparents want to intervene or when the two parties become estranged, grandparents in Indiana may wonder if they have any legal rights.

Temporary child custody may be necessary

There is nothing easy about divorce with important legal decisions to be decided, often with some degree of dispute, and emotions riding high throughout the process. Child custody arrangements can be difficult to handle even under the best of circumstances. Indiana law begins with the premise that it is usually in the best interest of the child to have frequent, meaningful and consistent contact with both parents. However, when circumstances dictate otherwise, temporary custody arrangements may need to be put into place.

Preparing for a custody battle as a father

Custody battles can be a tough and emotional process for all parents. While both mothers and fathers theoretically have an equal chance of gaining custody of their child after a separation, fathers tend to feel more frequently that the system is working against them. They may struggle to prove that they have a strong bond with their child, particularly if they have not lived with their child for a significant part of their life. Additionally, there is usually an extremely strong bond between a very young child and their mother due to giving birth and nursing.

Why parents may want to file for child support

A parent in Indiana may be hesitant to file for child support from the other parent if it means that parent will become part of the child's life. If the parents were never married, establishing paternity might be the first step to getting child support. Whether parents are divorced or were never married to one another, the child has the right to support from both parents.

Interfering with visitation time

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.

Client Testimonials

  • My husband and I have a 12 year old grandson whose academics and social needs were being neglected. We turned to Schembs Law & Associates to help preserve our grandsons rights. With Schembs & Associates leadership and guidanceā€¦ Grandparent Rights
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Robert Schembs
22 E. Washington Street
Suite 610
Indianapolis, IN 46204

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