Schembs Law Indianapolis Family Law & Divorce Lawyer | Criminal Law 2026-08-14T06:10:57Z https://www.schembslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1605301/2026/04/cropped-schembs-law_favicon_site-icon-32x32.png On Behalf of Schembs Law <![CDATA[What if you or your partner does not want the divorce?]]> https://www.schembslaw.com/?p=258520 2026-06-25T13:41:44Z 2026-06-25T13:41:44Z A “no-fault” state Indiana operates on a “no-fault” system for divorces. A married individual in the state does not need to provide proof or reason why the marriage failed. Even if their partner does not agree with the decision to divorce, it cannot be prevented. If a partner refuses to cooperate, a court can still grant a divorce through trial or by default. Once you or your spouse legally serves the divorce documents, the court requires the other partner to respond. While Indiana trial rules generally give a spouse 20 days to file an answer, they cannot stop the process by staying silent. After the state’s mandatory 60-day waiting period lapses, the court may finalize a divorce by default if the other partner refuses to participate. You (or your spouse) cannot avoid dissolution by ignoring legally served dissolution papers. Divorce by default may mean that the state may grant the filing party’s requests in their divorce petition. Once the court grants a divorce by default, you lose the right to present your side of the case.

Reducing risks of divorce

Refusal to cooperate during the divorce can make things significantly harder for both parties. Contested divorces, or divorces where couples cannot agree on certain terms or aspects, prolong the process. Some instances of commonly contested issues are property division, child custody, spousal support and visitation rights. You will have to negotiate contested divorce terms in court. Whether it was you who filed the petition or not, you should consider seeking legal counsel during the process. An Indiana law professional can inform you of your legal responsibilities and timelines for critical actions. While divorces may look harrowing, you do not have to bear all burdens by yourself. The right individual can protect your interests and safeguard your property and rights.]]> On Behalf of Schembs Law <![CDATA[5 common mistakes people make before filing for divorce]]> https://www.schembslaw.com/?p=258448 2026-05-20T07:34:54Z 2026-05-08T14:31:41Z Missteps to avoid before ending a marriage Stress can lead to poor choices before divorce begins. These mistakes often involve money, housing or children. Common examples include:
  • Letting emotions control financial decisions: Hurt feelings and frustration sometimes lead spouses to fight over property. Long disputes over personal items often increase costs and emotional strain.
  • Trying to finish the process too quickly: You might want a fast resolution because the situation feels exhausting. However, rushed agreements can overlook debts or assets.
  • Looking only at immediate housing concerns: Keeping the marital home may feel important at first. You could later face mortgage payments, taxes and upkeep costs.
  • Handling the case without legal guidance: You might try to manage divorce paperwork alone to reduce expenses. An attorney can examine financial records and discuss parental rights clearly.
  • Moving out before temporary arrangements exist: Leaving the marital home too soon may affect parenting schedules. In Indiana, courts generally review several factors tied to a child’s best interests. They often evaluate the child’s relationship with each parent and the child’s adjustment to home and school.
These decisions show how actions taken before divorce filing may continue to affect financial matters and parenting arrangements later in the process.

How early preparation affects financial and parenting issues

Planning before a divorce filing can give you more time to gather financial records and review shared expenses. It also gives you time to evaluate future parenting duties. That work may lessen confusion during property discussions. Federal consumer guidance also encourages homeowners to monitor shared accounts and evaluate financial obligations before major legal transitions. These steps often provide a clearer view of income, debt and ongoing obligations.

Thoughtful decisions before divorce matter

The choices you make before filing can influence the discussions that follow. Careful planning during that stage may limit overlooked financial issues and create more stability for children. Before you file for divorce, review your accounts, living arrangements and long-term costs. Addressing these issues can reduce overlooked financial problems. It can also help you assess your responsibilities and future needs.]]> On Behalf of Schembs Law <![CDATA[Can grandparents get the court to revisit a custody order?]]> https://www.schembslaw.com/?p=258449 2026-03-02T08:40:25Z 2026-03-02T08:40:25Z As a grandparent, it is normal to worry about your grandchild’s safety or stability after a custody order takes effect. Many grandparents assume they cannot step in once a court grants custody to a parent. However, Indiana law recognizes limited situations where you may ask the court to review or modify existing arrangements.

When does Indiana law allow grandparents to intervene?

In Indiana, revisiting an order falls into two distinct categories: visitation and custody. The law allows grandparents to seek visitation in specific situations, but courts require stronger proof to change custody because custody decides who makes major decisions and where the child lives. Grandparents may seek visitation when:
  • A parent dies
  • The parents divorce
  • The child is born outside marriage
Courts consider changing custody when there is:
  • Evidence of abuse, neglect or substance misuse
  • Long-term instability in housing or schooling
  • Extended period where the grandparent acted as the child’s primary caregiver
  • A strong emotional bond with the child
  • A substantial change in circumstances or proof that parental custody harms the child
Judges start from the presumption that fit parents should remain in charge. A family lawyer can help you organize your proof and present the evidence to the court if you want them to consider your request.

Possible expansion of grandparents rights

As of early 2026, the Indiana General Assembly is actively studying Senate Bill 52, which aims to expand grandparent rights. The bill does not change who can file yet, but it would let courts weigh whether grandparents have meaningful contact with a child when deciding custody changes instead of limiting cases to divorce or a parent’s death.

Protect your relationship with your grandchild

You may feel torn between respecting parental rights and protecting your grandchild. When a child’s well-being is at stake, understanding your legal options can help you decide whether stepping forward serves their future. There is no reason for you to keep quiet when it comes to your grandchild's best interest.]]> On Behalf of Robert Schembs <![CDATA[Does a parent’s substance abuse impact grandparents’ rights?]]> https://www.schembslaw.com/?p=258450 2026-01-10T19:07:38Z 2026-01-10T19:07:38Z Indiana state law recognizes the importance of grandparents in the lives of their grandchildren. The state permits grandparents to seek visitation in scenarios where parents have separated or there are other disruptions to the primary family unit.  Grandparent visitation can help children remain connected with their extended families and can even take the burden off of parents by providing respite. Visitation is an option when family circumstances change and the grandparents have a pre-existing relationship with their grandchildren that the family courts agree is beneficial for the children.  In some cases, grandparents may worry about the safety of their grandchildren due to the substance abuse of their parents. Does the misuse of alcohol or illicit drugs impact a grandparent’s rights? 

Addiction could lead to state intervention

Substance abuse tends to negatively impact parenting capabilities. People who are under the influence or withdrawing may not be able to meet the daily needs of their children, especially when they are young.  Additionally, substance abuse can interfere with a parent’s ability to maintain gainful employment and meet the emotional needs of their children. Chemical impairment and the intense experience of withdrawal can make parents volatile and potentially abusive toward their children.  In cases where substance abuse has resulted in overt neglect or the abuse of minor children, the state might intervene. Charges may be brought against the parent for mistreating, neglecting or otherwise endangering the children.  The state might also decide to terminate a parent's rights or remove the children from their care temporarily. In scenarios where the state has incarcerated a parent or terminated their rights, grandparents may be in a position to step up and adopt their grandchildren. They can fill a parental role and provide the children with the stability they could not receive from their parents due to their substance abuse challenges.  Grandparents feeling worried about the well-being of their grandchildren due to the substance abuse of parents may need to discuss the situation with a family law attorney. Documentation of the issue and records of a positive, pre-existing relationship with the children can help grandparents assert their rights and protect the children left vulnerable due to their parents’ substance abuse. ]]> On Behalf of Schembs Law <![CDATA[Troubleshooting when co-parents struggle to communicate]]> https://www.schembslaw.com/?p=46744 2025-11-17T21:22:00Z 2025-11-17T21:22:00Z When co-parents find themselves struggling to communicate, this challenge can quickly disrupt routines, increase conflict and place unnecessary stress on children.  Thankfully, although effective communication is rarely automatic after a separation, parents can take practical steps to reduce tension and better ensure that their custody order functions as intended. The goal is not to rebuild the former relationship, but to create a reliable, business-like partnership focused on the child’s needs.

Refocusing and moving forward in healthier ways 

When communication becomes consistently difficult, setting firm boundaries can prevent unnecessary conflict. Parents can agree to discuss only certain topics, limit the frequency of messages and schedule check-ins at predictable times. These boundaries can help to create expectations and reduce the anxiety that can arise when contact feels unpredictable or overwhelming.  Parents often see conflict escalate when conversations wander into personal criticism or past grievances. By keeping messages short, factual and related solely to the children—such as school schedules, medical updates or exchanges—parents can reduce opportunities for misunderstandings. Written communication can be especially helpful. Using text or email provides each with a clear record, often prevents immediate emotional reactions and offers time to think before responding. Co-parenting apps can add structure by storing messages, calendars and documents in one place. It is also important for parents to manage their own emotional responses. Taking time to cool down before replying to a message, avoiding inflammatory language and refraining from discussing legal disputes in front of the children all help protect the child’s emotional well-being. Parents should remind themselves that communication is not about winning arguments but about meeting the child’s needs as effectively as possible. Finally, it’s important to understand that if communication issues begin to interfere with a family’s custody order, it may be necessary to revisit the order with the help of a skilled legal team. Adjusting unclear provisions, adding more structure and incorporating dispute-resolution procedures can help to foster a more stable and cooperative co-parenting arrangement. ]]> On Behalf of Schembs Law <![CDATA[Does marital status matter during an Indiana custody dispute?]]> https://www.schembslaw.com/?p=46740 2025-09-12T21:13:16Z 2025-09-12T21:13:16Z Unmarried fathers have legal protection The law in Indiana generally does not provide priority consideration for either parent on the basis of their sex during custody litigation. Both mothers and fathers have a right to shared custody when they no longer live with the other parents of their children. Additionally, marital status does not influence the rights of parents in a custody dispute scenario. Unmarried parents have the same essential rights and responsibilities as married parents do. However, unmarried fathers sometimes have to prove that they have parental rights. They must establish paternity with the state before they can request custody in the family courts without the support of the mother. Establishing paternity can be done voluntarily with the assistance of the mother. Many men establish paternity immediately after the birth of their children at the hospital. Others fill out cooperative paperwork acknowledging their paternity to add their names to the birth certificate of their children. In cases where mothers decline to acknowledge fathers, the courts can order genetic testing. A successful test proving a man's genetic connection to his children may make him eligible for the same rights as any other parent. Unmarried fathers hoping to make use of their legal rights may need support as they navigate the family law system, and that’s okay. Learning about the rights of unmarried fathers and how the courts handle contested custody cases can empower men to play an active role in their children's lives.]]> On Behalf of Schembs Law <![CDATA[Co-parenting after divorce: 5 Tips to protect your kids’ future]]> https://www.schembslaw.com/?p=46737 2025-07-26T11:40:10Z 2025-07-26T11:40:10Z A divorce doesn't end your job as a parent – it just changes it. After the divorce is final, the way you talk to your ex-partner matters a lot to your child's happiness. Working together as parents helps kids feel safe and keeps a strong bond with both of you. Here are five ways how communication can make a big difference. 

Focus on your child, not the past

Keep your conversations about what your child needs. Don't bring up old fights. Use short, polite messages that are directly related to the topic. When you think of it as teamwork instead of a fight, you make things better for everyone.

Pause before you answer

Sometimes you will feel upset and that's normal. When a message makes you angry, take a break before you reply. Give yourself time to cool down so you can answer with a clear head, rather than with emotion.

Have a regular plan

Create a system to share updates about school, health and schedules. You could use a shared calendar or send a weekly text with key information. When you have a regular plan, your child feels cared for and there are fewer surprises.

Respect boundaries

Follow the parenting schedule and the rules you agreed on. Avoid trying to control what happens at the other parent's house or using your child as a means to pass along messages. When you respect each other's space, you build trust and have fewer arguments.

Use kind words around your child

Your child hears everything. When you speak kindly about the other parent (or remain calm), you help your child feel less stressed and more at ease. If you make a mistake, it's okay. Just correct yourself. Trying your best is what counts.

Looking forward

You will always be a parent. The way you communicate helps shape how your child feels in this new family setup. If you need help setting rules or making a plan, a family lawyer can give you tools and advice. They can help protect your rights and what is best for your child.]]> On Behalf of Schembs Law <![CDATA[What rights do fathers have under Indiana support laws?]]> https://www.schembslaw.com/?p=46736 2025-05-20T16:01:43Z 2025-05-20T16:01:43Z Establishing your legal standing Indiana treats fathers and mothers equally under the law. Courts require legal paternity before they order child support or decide custody matters. When you establish paternity, you secure your legal rights and responsibilities to your child. After courts recognize you as the father, judges must consider both you and the child's mother when making decisions. The easiest way to establish paternity is by signing a paternity affidavit, usually at the hospital after birth. This affidavit is as legally binding as a court order. For children born outside of marriage, parents must sign the affidavit within 72 hours to automatically list the father on the birth certificate. Either parent can request the court to establish paternity if the affidavit is not completed voluntarily. If there is disagreement, the court will order genetic testing, which must show at least a 99% probability of fatherhood to establish paternity legally.

How Indiana calculates child support

Indiana has a standardized way to calculate child support, ensuring consistency across the state. Courts use the "Income Shares Model" to estimate how much parents would jointly spend on their child if they lived together. Each parent contributes based on their income. The court evaluates factors such as income, time spent with the child, health insurance and childcare costs to determine support obligations or benefits.

Essential support rights for fathers

Indiana law recognizes several key points for fathers:
  • Right to establish paternity: You can legally confirm your status as the child's father.
  • Equal consideration: Courts should not favor one parent over the other due to gender when deciding custody or support.
  • Fair support calculation: Support orders must follow Indiana's Child Support Guidelines.
  • Right to seek modification: If your financial situation or the child's needs change significantly, you can ask the court to review the support order.
  • Access to information: Typically, you have a right to receive information about your child’s education and health, even if you are the non-custodial parent.
  • Enforcement of orders: You can request the court to enforce existing support or parenting time orders.
These rights provide a foundation for your involvement. A skilled attorney can fully explain how they apply to your unique circumstances.]]> On Behalf of Schembs Law <![CDATA[5 things to consider when relocating with shared child custody]]> https://www.schembslaw.com/?p=46735 2026-02-18T16:59:19Z 2025-03-22T19:40:59Z 1. The distance of the move Minor relocations are unlikely to trigger major conflicts. More significant moves, on the other hand, can complicate shared custody arrangements. Under Indiana state statutes, the parent planning to move typically has to provide notice to the other parent and also the courts if the relocation increases the distance between parental households by 20 miles or more.

2. The cost of transportation

When relocations are still within the state, the parents may continue to regularly exchange custody. The increased travel time between the two households can increase gas costs, as well as wear and tear on parental vehicles. The parent proposing the move may have to absorb those expenses in many cases.

3. The perspective of the other parent

The more hostile things have become between the parents, the greater the chances of the other parent opposing the relocation request. They may feel like it is an attempt to separate them from their children. The parent hoping to move may need to discuss the matter with their co-parent to explain the reasoning behind the relocation and obtain their support.

4. The challenges for the children

Any relocation is likely to cause stress for the children in the family. Adjusting to a new living space can be difficult. Changing the household schedule based on new living arrangements can also be a difficult adjustment. Particularly once children reach middle school or beyond, the move could cut them off from their social connections, which could be a traumatizing experience. Parents need to consider the potential negative impacts of the move and take steps to limit the harm their children experience.

5. The benefits for the children

Especially in scenarios where parents may need to go to court to seek a contested custody modification because they cannot agree on the move with the other parent, they need to identify how the move could benefit the children. Judges resolving contested custody disputes prioritize the best interests of the children. The more benefits a parent can identify, the easier it may be to convince the courts to approve a relocation request. Learning more about the law and reviewing a custody order can help parents as they prepare to negotiate a child custody modification. Relocations can drastically change parenting arrangements and therefore require careful consideration.]]> On Behalf of Schembs Law <![CDATA[Can those struggling with addiction be awarded parenting time?]]> https://www.schembslaw.com/?p=46733 2025-01-28T04:16:49Z 2025-01-28T04:16:49Z Struggling with addiction does not automatically disqualify a parent from being awarded parenting time in Indiana. The state prioritizes the best interests of each child when determining parenting time. This standard – while subjective to a degree in practice – aims to level the playing field in favor of children, regardless of what their parents may or may not be going through.  While substance abuse may be weighed heavily when it comes time for a judge to decide about parenting time, it is not necessarily a permanent barrier. Courts recognize that addiction is a medical condition and may allow parenting time under certain circumstances, provided that the addicted parent demonstrates a commitment to recovery and the ability to provide a safe environment for their child.

The bigger picture

Addiction, if untreated and/or severe, may raise concerns about a parent’s ability to meet their child’s needs. Courts do consider whether the parent is actively seeking treatment and making progress toward sobriety. Meaning, parents who are concerned for their children’s safety generally have reason to hope that they will not be left alone with their other parent until they are sober, while parents who are struggling with addiction have reason to hope that they’ll be granted parenting time if they get sober.  When addiction is a concern, courts may grant parenting time but impose specific conditions to better ensure the impacted child’s safety. These conditions might include:
  • Supervised Parenting Time: Supervised parenting time means that a third party, such as a family member, friend or professional supervisor, must be present during visits to better ensure a child’s safety.
  • Treatment Requirements: The court may condition parenting time on a parent’s participation in substance abuse treatment programs, counseling and/or support groups such as Alcoholics Anonymous or Narcotics Anonymous. Demonstrating progress in these programs can show the court that the parent is taking steps to address their addiction.
  • Random Drug or Alcohol Testing: To better ensure a parent remains sober, the court may order random drug or alcohol testing as part of the parenting time arrangement. Positive test results could lead to restrictions or a temporary suspension of parenting time.
  • Limited or Gradual Increases in Parenting Time: For parents who are in recovery, the court may initially limit parenting time and gradually increase it if/when the parent demonstrates sustained sobriety and stability.
For parents struggling with addiction, proving a commitment to recovery is important. Parents who take these steps can potentially strengthen their case for parenting time and rebuild trust with the court and their co-parent. Parents who do not may make it relatively easy for the court to grant their child’s only consistently sober parent full – or nearly full – parenting time. ]]>