Schembs LawIndianapolis Family Law & Divorce Lawyer | Criminal Law2026-08-27T11:34:29Zhttps://www.schembslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1605301/2026/04/cropped-schembs-law_favicon_site-icon-32x32.pngOn Behalf of Schembs Law<![CDATA[Why you need an attorney for a DCS hearing in Indiana]]>https://www.schembslaw.com/?p=2585402026-08-27T11:34:29Z2026-08-27T11:34:29ZWhat a DCS hearing involves
When DCS determines that court involvement is necessary, it files a petition to open what Indiana law calls a Child in Need of Services, or CHINS, case. This is a formal legal proceeding in juvenile court, not simply an agency review.
A CHINS case moves through several stages. If DCS removed your child from the home, the court must hold a detention hearing within 48 hours, excluding weekends and legal holidays. A fact-finding hearing follows, where DCS must prove its allegations are more likely true than not.
If the court makes a CHINS finding, a disposition hearing sets the services and conditions you must complete. Each stage carries real legal consequences.
Your rights as a parent in a DCS case
Indiana law gives you the right to be represented by an attorney at every hearing, to cross-examine witnesses and to present evidence on your own behalf. You also have the right not to make incriminating statements.
Statements you make to DCS caseworkers can work against you in a separate criminal case if the allegations point to conduct that prosecutors could also pursue as a crime. An attorney helps you understand what to say, what not to say and how to protect yourself on both fronts at once.
What an attorney does that you cannot do alone
An attorney can challenge weaknesses in how DCS conducted the investigation, negotiate an informal adjustment to resolve the matter without a formal hearing, and hold DCS to its burden of proof at the fact-finding hearing.
They can also help you understand and complete court-ordered services correctly, since failure to comply is one of the most common ways parents put their cases at risk without realizing it.
Why early representation can change the outcome
The earlier you involve an attorney, the more options you have. By the time a CHINS case reaches a fact-finding hearing, many key decisions have already been made and some doors have already closed.
In the worst case, a DCS case that goes wrong can end with the state permanently cutting your legal ties to your child. If DCS has contacted you, talking to an attorney before your next interaction with the agency may be the most important call you make for your family.
]]>On Behalf of Schembs Law<![CDATA[Protecting your bond: A father’s guide to Indiana relocation laws]]>https://www.schembslaw.com/?p=2585392026-08-25T10:10:08Z2026-08-25T10:10:08ZThe 90-day notice
In Indiana, any parent intending to move must file a notice of intent to move at least 90 days before the relocation. Once notified, the other parent generally has 60 days to file an objection.
Failing to object promptly may look like implied consent, which can make it significantly more difficult to prevent the move at a later time.
Good faith vs. best interests
As the relocating parent, the mother must first demonstrate that the proposed move is in good faith. She must also have a legitimate reason for doing so, such as securing improved employment or relocating closer to family.
If she satisfies this requirement, the burden then shifts to the father to show that the relocation is not in the child’s best interest. This can include maintaining the stability and frequency of the father-child relationship.
Factors the court considers
When deciding on what is most beneficial to the child, judges often weigh a number of factors, including:
Distance of the proposed move
Effect of relocation on the existing parenting schedule
Impact on the child’s relationship with the father
Purpose of the move
Feasibility of new schedules
Ultimately, the court’s main concern is protecting the child’s best interests while making sure both parents can maintain a meaningful bond with the child.
Your role as a parent matters
Relocation does not have to mean the loss of the stable connection you have established with your child. If a move may diminish meaningful parenting time, a lawyer can help you file a formal objection or request a hearing to safeguard your relationship. You deserve to have an active and present role in your child’s life.]]>On Behalf of Schembs Law<![CDATA[What if you or your partner does not want the divorce?]]>https://www.schembslaw.com/?p=2585202026-06-25T13:41:44Z2026-06-25T13:41:44ZA “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=2584482026-05-20T07:34:54Z2026-05-08T14:31:41ZMissteps 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=2584492026-03-02T08:40:25Z2026-03-02T08:40:25ZAs 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=2584502026-01-10T19:07:38Z2026-01-10T19:07:38ZIndiana 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=467442025-11-17T21:22:00Z2025-11-17T21:22:00ZWhen 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=467402025-09-12T21:13:16Z2025-09-12T21:13:16ZUnmarried 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=467372025-07-26T11:40:10Z2025-07-26T11:40:10ZA 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=467362025-05-20T16:01:43Z2025-05-20T16:01:43ZEstablishing 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.