One of the greatest fear most parents face is the possibility of losing their child. Occasionally in making parental decisions, a parent or guardian may become the target of abuse or neglect allegations, and risk losing their relationship with and custody of their child.
If you have questions about Termination of Parental Rights litigation or if your child is alleged to be a "Child in Need of Services" or "CHINS," you may be interested in reading an article I put together on my firm's website.
The attorneys at Hollingsworth & Zivitz, P.C. have experience in assisting parents and guardians in the complex area of “Child in Need of Services,” or “CHINS” litigation, as well as in defense of involuntary termination of parental rights litigation.
Tuesday, December 8, 2009
Military divorce or separation? What are the basics that you need to know?
If you are a member of a military family going through divorce or child related matters, there are several complex areas of federal and state law that apply specifically to your case. It is essential to seek out an attorney or lawyer that has experience and knowledge in the specifics of military divorce.
Did you know there are specific protections for former spouses of military members or that you may be eligible for continued Tricare coverage.
For more information, please feel free to check out this article I wrote for my firm's website.
If you are dealing with military divorce or separation matters, the attorneys at Hollingsworth & Zivitz, P.C. are ready to assist you.
Did you know there are specific protections for former spouses of military members or that you may be eligible for continued Tricare coverage.
For more information, please feel free to check out this article I wrote for my firm's website.
If you are dealing with military divorce or separation matters, the attorneys at Hollingsworth & Zivitz, P.C. are ready to assist you.
Wednesday, November 11, 2009
The importance of an attorney in child custody litigation
In making a determination of child custody, Indiana Courts consider all relevant factors in determining the child’s best interests, including a nonexclusive list of factors provided in Indiana Code section 31-17-2-8:
(1) The age and sex of the child.
(2) The wishes of the child’s parent or parents.
(3) The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child’s parent or parents;
(B) the child’s sibling; and
(C) any other person who may significantly affect the child’s best interests.
(5) The child’s adjustment to the child’s:
(A) home;
(B) school; and
(C) community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either parent.
The Indiana Appellate Courts in reviewing custody determinations on appeal, have time and time again stressed the importance of parents and grandparents facing custody battles to seek out and retain competent legal counsel: "We encourage parties facing issues involving the custody of children to obtain counsel to aid in the litigation of custody disputes. Because the court’s order has such a profound effect on the lives of the parties and their children, we cannot emphasize enough the importance of presenting sufficient evidence and developing an adequate record." In re Paternity of J.J., 911 N.E.2d 725, 731 n.3 (Ind. Ct. App. 2009).
The Appellate Court once again emphasized this importance in an opinion released (not for publication) on November 9, 2009. In the case: In re: the Marriage of Constance V. Spence v. Michael J. Spence, on appeal from the Vanderburgh Superior Court, the trial court had awarded the Father sole physical custody of the parties children, subject to Mother's parenting time under the Indiana Parenting Time Guidelines. In the case, both parties had started litigation with counsel, but both later conducted a provisional hearing without counsel where Father received provisional custody of the parties child. In making its determination, the trial court found that Mother had or risked endangering the child’s emotional and mental health due to numerous instances where Mother had operated contrary to the child's best interests. Father proceeded to final hearing without counsel but Mother retained an attorney who appeared on her behalf.
While the trial court awarded Father continued custody of the child, Mother was able to show, on appeal, that Father had failed to lay the sufficient evidentiary foundation for certain matters, and the Indiana Court of Appeals found that the trial court's findings were not supported by the evidence before it, and remanded for a new hearing. If Father had retained competent counsel, this appeal may have been without basis and the appellate court may have maintained the trial court's findings.
If you are dealing with child custody matters, the attorneys at Hollingsworth & Zivitz, P.C. are ready to assist you.
(1) The age and sex of the child.
(2) The wishes of the child’s parent or parents.
(3) The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child’s parent or parents;
(B) the child’s sibling; and
(C) any other person who may significantly affect the child’s best interests.
(5) The child’s adjustment to the child’s:
(A) home;
(B) school; and
(C) community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either parent.
The Indiana Appellate Courts in reviewing custody determinations on appeal, have time and time again stressed the importance of parents and grandparents facing custody battles to seek out and retain competent legal counsel: "We encourage parties facing issues involving the custody of children to obtain counsel to aid in the litigation of custody disputes. Because the court’s order has such a profound effect on the lives of the parties and their children, we cannot emphasize enough the importance of presenting sufficient evidence and developing an adequate record." In re Paternity of J.J., 911 N.E.2d 725, 731 n.3 (Ind. Ct. App. 2009).
The Appellate Court once again emphasized this importance in an opinion released (not for publication) on November 9, 2009. In the case: In re: the Marriage of Constance V. Spence v. Michael J. Spence, on appeal from the Vanderburgh Superior Court, the trial court had awarded the Father sole physical custody of the parties children, subject to Mother's parenting time under the Indiana Parenting Time Guidelines. In the case, both parties had started litigation with counsel, but both later conducted a provisional hearing without counsel where Father received provisional custody of the parties child. In making its determination, the trial court found that Mother had or risked endangering the child’s emotional and mental health due to numerous instances where Mother had operated contrary to the child's best interests. Father proceeded to final hearing without counsel but Mother retained an attorney who appeared on her behalf.
While the trial court awarded Father continued custody of the child, Mother was able to show, on appeal, that Father had failed to lay the sufficient evidentiary foundation for certain matters, and the Indiana Court of Appeals found that the trial court's findings were not supported by the evidence before it, and remanded for a new hearing. If Father had retained competent counsel, this appeal may have been without basis and the appellate court may have maintained the trial court's findings.
If you are dealing with child custody matters, the attorneys at Hollingsworth & Zivitz, P.C. are ready to assist you.
Monday, October 5, 2009
Parenting Time Restriction, Reduction and Termination
Indiana recognizes that the right of a noncustodial parent to visit his or her children is a “precious privilege.” Duncan v. Duncan. Thus, although a court may modify a parenting time order when the modification would serve the best interests of the child or children, a parent’s visitation rights shall not be restricted unless the court finds that the parenting time might endanger the child’s physical health or significantly impair the child’s emotional development. Ind. Code § 31-17-4-2.
Even though the statute uses the word “might,” this Court has previously interpreted the language to mean that a court may not restrict parenting time unless that parenting time “would” endanger the child’s physical health or emotional development. See Stewart v. Stewart, 521 N.E.2d 956, 960 n.3 (Ind. Ct. App. 1988), trans. denied. A party who seeks to restrict a parent’s visitation rights bears the burden of presenting evidence justifying such a restriction. Farrell v. Littell, 790 N.E.2d 612, 616 (Ind. Ct. App. 2003).
On October 2, 2009 the Indiana Court of Appeals visited the issue of Restriction/Reduction/Termination of Parenting Time in a published opinion which found that a Hendricks County Judge had erred in terminating the appellant/father's parenting time with his children.
This case is blogged about by my colleague Ryan Cassman on his blog.
Even though the statute uses the word “might,” this Court has previously interpreted the language to mean that a court may not restrict parenting time unless that parenting time “would” endanger the child’s physical health or emotional development. See Stewart v. Stewart, 521 N.E.2d 956, 960 n.3 (Ind. Ct. App. 1988), trans. denied. A party who seeks to restrict a parent’s visitation rights bears the burden of presenting evidence justifying such a restriction. Farrell v. Littell, 790 N.E.2d 612, 616 (Ind. Ct. App. 2003).
On October 2, 2009 the Indiana Court of Appeals visited the issue of Restriction/Reduction/Termination of Parenting Time in a published opinion which found that a Hendricks County Judge had erred in terminating the appellant/father's parenting time with his children.
This case is blogged about by my colleague Ryan Cassman on his blog.
Tuesday, September 29, 2009
New Post on Juvenile Indiana Blog
A new case from the Indiana Court of Appeals is discussed on Juvenile Indiana blog. You may preview this blog entry at http://juvenileindiana.blogspot.com/2009/09/hendricks-county-court-errs-in-ordering.html
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