Family Law

Family Law

Family Law Information

Family Law refers to the laws governing marriage, divorce, child custody, child support, paternity, adoption and like matters. A divorce is defined as the legal dissolution of a marriage. A marriage can also be dissolved through an annulment. When a couple divorces, there are several issues that may need to be resolved. These include but are not limited to:
Custody of the Children — The Court chooses which parent will take custody of the children and decides upon a visitation (or “parenting time”) schedule. A custody award may consider legal and physical custody and may be joint, shared or sole.
Monetary Support for the Children — The determination of child support payments is often an issue of available resources. Indiana does not recognize alimony payments from one spouse to the other. However, in limited circumstances, a Court may order one party to provide temporary maintenance to the other. In the event a spouse is disabled, the issue of spousal maintenance may be considered.
Property Distribution — The personal property, real estate and investments of a divorcing couple will be distributed by the Court. A Court will generally presume an equal division of property, debts and equity unless there is strong evidence to support an unequal sharing of the parties’ assets and debts.
Medical, Insurance and Educational Expenses — The Court will decide issues of payment and responsibility of the divorcing parents for the costs associated with their children’s education, insurance coverage and medical treatment.

Other areas of Family Law include:

Guardianship — When it becomes necessary for an interested person to legally care for the person and/or property of another, a guardianship should be considered. Guardianships are often contemplated for young children or elderly individuals who are unable to care for their own custody, medical, financial or other necessities. While a Power of Attorney may also be an option, a guardianship is a much more complete answer to the legal care of a loved one.
Adoption — Any Indiana resident of lawful age may petition the Court to adopt a child under the age of 18. A medical history form must be completed and filed within 60 days of the petition. If the petitioner is married, the spouse must join in the petition unless the spouse is the child’s natural parent and consents to the adoption. Adoptions include private placement adoptions, Agency adoptions and step-parent or relative adoptions.
Paternity — A paternity action is a legal proceeding to decide who is the father of a child when the child is not born to married parties. The mother, the father, the child or a State Agency may file such an action. In a paternity order, the Court is to enter Orders on custody, visitation/parenting time, support, medical expenses, and the change of the name of the child, if appropriate.
Protective Orders — A protective Order may be obtained for a person if he/she or a member of his/her household has been abused or threatened with abuse by another. Under recent law, temporary restraining Orders granted in a divorce are considered protective Orders and can be registered with the local law enforcement agency.
Mediation Services — For over twenty (20) years, Jonathan has been providing family law mediation services to Knox and the surrounding counties. Mediation services are available either by Court Order or by the voluntary agreement of the parties to any family law dispute. Mediation is often a useful tool for not only avoiding the cost of litigation but also for negotiating lasting agreements between disputing parties.