Family Law

Parenting Time

Uzelac Law understands that Child Custody is arguably the most intense and complicated are of family law in Indiana. Uzelac Law can help you with every aspect of child custody, parenting time and contact arrangements.

Indiana, like most states, has adopted the Uniform Child Custody Act. Indiana child custody laws recognize joint custody as an option for separated parents.

Best Interests of the Child in Indiana

In Indiana the court shall determine custody and enter a custody order in accordance with the best interest of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following: Ind. Code 31-17-2-8

1. The age and sex of 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:
   1. The child’s parent or parents
   2. The child’s sibling and
   3. Any other person who may significantly affect the child’s best interests.
5. The child’s adjustment to the child’s:
   1. Home;
   2. School; and
   3. Community
6. The mental and physical health of all individuals involved
7. Evidence of a pattern of domestic violence by either parent.
8. Evidence that a de facto custodian has cared for the child.

The Indiana Parenting Time Guidelines are based on the premise that frequent, meaningful and continuing contact with each parent is usually in the child’s best interest. Furthermore, the Guidelines acknowledge the difficulty when separate households are involved. The separation of households requires a persistent effort and communication between parents to promote the best interest of the children involved.

To insure more responsible parenting and to promote the healthy adjustment and growth of a child each parent should recognize and address a child’s basic needs to include:

• To know that the parents’ decision to live apart is not the child’s fault.
• To develop and maintain an independent relationship and to have the continuing care and guidance from each parent.
• To be free from having to side with either parent and to be from conflict between the parents.
• To have a relaxed, secure relationship with each parent without being placed in a position to manipulate one parent against the other.
• To enjoy regular consistent time with each parent.
• To be financially supported by each parent, regardless of time spent with each parent
• To be physically safe and adequately supervised when in the care of each parent and to have a stable, consistent and responsible child care arrangement.
• To develop and maintain meaningful relationships with other significant adults as long as these relationships do not interfere with or replace the child’s primary relationship with the parents.

Parallel Parenting

Parallel parenting is a deviation from the parenting time guidelines. The application of parallel parenting should be limited to cases where the court determines the parties are high conflict and a Parallel Parenting Plan Court Order is necessary to stop ongoing high conflict that is endangering the well being of the child.

High conflict parents mean parties who demonstrate a pattern of ongoing litigation, chronic anger and distrust, inability to communicate about and cooperate in the care of the child, or other behaviors placing the child’s well-being at risk. In such cases the court may deviate from the parenting time guidelines to reduce the adverse effects on the children.

In Parallel parenting, each parent makes day-to-day decision about the child while the child is with the parent. Communication between the parents is limited, except in emergencies, and communication is usually in writing. Counseling professionals are recommended to help parents handle parallel parenting arrangements.

Relocation with the Child

Job offer, relationship, family or a new beginning may draw you to another community after your separation. Under Indiana law you must file and serve upon the other party a notice of intent to relocate and they must do so whenever they relocate. There is no distance restriction for this. The notice must be filed and served ninety (90) days before the parent intends to relocate the children.

Upon receipt of the notice the non-relocating parent can file a motion objecting to the relocation of the children. Once the motion is filed the relocation will be set for a hearing.

Your child’s well-being is of the greatest importance to you. Take the steps necessary to protect your parental rights and your child’s best interest during and after your divorce. Contact UzelacLaw.com to get the help you need or call 219-242-0465.

Property Division

How are Property and Debts Divided in a Divorce?

How Indiana Courts Divide Property Upon Divorce

A court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture. The court can give one spouse more property than the other spouse if the court has a good reason to do so.

What is marital property?

In general, all property owned by either spouse is marital property. It can be property that one of you got before or after you were married. It includes all kinds of property: personal property, homes and land, bank accounts, retirement accounts, etc.

I bought a car after I filed for divorce; is this car going to be “marital property?”

No. After the divorce is filed, things you or your spouse buy are not considered marital property.

Factors Indiana Courts use to determine property division:

The court can consider many factors when making this decision, including:

• • The contribution of each spouse to the property.
  • Whether one spouse got the property before the marriage or by inheritance or gift.
  • The economic circumstances of each spouse at the time of the divorce.
  • Whether the spouse who is getting custody of the children should stay in the marital home.
  • The conduct of the parties related to the property (for example, if one spouse destroyed or wasted property).
  • The earnings or earning ability of each of the parties.

Real Estate Property Division:

All property of the husband and wife is considered “marital property.” This means that even property brought into the marriage by one person becomes marital property that will be split in half in a divorce. However, a court does not have to give each spouse one half of the property. If one spouse owned a house before the marriage, and the other spouse has not contributed to the house (such as making payments or repairs), a court might decide that the house should not be split between the two.

What if my spouse and I agree on dividing the property, but it is not split half and half; Will the court allow this?

Yes, the court will could approve your agreement. The court will generally approve an agreement on property settlement, even if it is not an even split. However, you may want to state in your agreement the reason why the two of you agree to an uneven split of the property. The attorneys at Todd Uzelac Law are experienced and can help you with this, as well as any other property division scenario you have.

Property & Debt Division

Uzelac law understands that dividing your marital assets often means parting with a portion of your assets, some with vivid memories and emotions attached. Uzelac Law will listen o your story and your goals. Uzelac Law will create your strategy and guide you for the best possible outcome for a fair and meaningful property & debt division.