Archive for the ‘Family Law’ Category

Coparenting after divorce

We are happy to announce that we’ve partnered with the founder of Two Happy Homes, Inc (www.twohappyhomes.com), to share information on coparenting after divorce.

Two Happy Homes was created by Traci Whitney, a designer and mother of 3 kids, who, after she went through a divorce, was looking for a better way to communicate with her coparent.  The website offers many tools and features that helps parents manage their time, resources, information and finances in coordination with the other parent.   Two Happy Homes is dedicated to providing coparents a place where they can come together to solve everyday parenting issues.  The site offers tools such as:

  • A shared family calendar that both parents can access while not living in the same home.  It also has a robust parenting schedule feature that color codes days with each parent.
  • A financial tracking tool that allows parents to track shared expenses and payments.  It will even keep a running total which parent owes the other and how much.
  • A medical information section where parents can keep their children’s prescription information, insurance providers and medical contacts.
  • An online community that shares expert advice as well as support from other parents.

And more!

 

Look for Traci to share information on her coparenting experiences in the near future on our blog at HARDEN JACKSON.  In the meantime, check out the site here.

Child Custody and Summer Visitation

As the school year comes to an end, parents are scheduling camps, vacations and other activities for their children.  Of course, this also means that the summer visitation requirements must be addressed for divorced families.  Family law attorney, Lanae Harden, gives tips on how to ensure a smooth summer for both the parents and children involved.

 

  1. If you don’t have a detailed parenting visitation schedule, create one.  This may be difficult for former spouses to come to an agreement.  If you are unable to come up with a mutually agreeable schedule, consult a professional to aid with this.  The more detailed your agreement is, the less room for interpretation, therefore less conflict.
  2. Recognize the emotional impact this may have on the children.   A significant change in schedule can bring up emotions for the children.  This could be positive or negative emotions, but usually a mixture of both.  Children thrive on routine, and summer visitation schedules usually vary significantly from the routines that the children became accustomed to during the school year.  Depending on the ages of the children, explain to them the exact schedule and where they will be at any given time.  Create a calendar with color coded days signifying when they will be at mom’s house and when they will be at dad’s house.
  3. Plan accordingly.  This may include scheduling time off work or altering your work schedule when the children are visiting.  Plan appropriate summer-time activities.  If you are the non-custodial parent, this may also include arranging for care (nanny, babysitter etc.).  If possible, utilize their same care provider at both homes for consistency.  This
  4. Be supportive if your child misses the other parent.  Don’t take this personally or assume this means the child loves the other parent more than you.  Look for ways to calm your child and allow them to speak frequently with their other parent.  This will only help build your bond with your child.

The best interest of the child is always the most important thing to keep in mind.  Both parents should communicate and cooperate to make sure  reasonable visitation time is met and the child feels safe and secure.  If you need assistance with determining child visitation or custody, contact HARDEN JACKSON at 317-569-0770 or www.hardenjacksonlaw.com.

 

Remember, these suggestions are not meant to be legal advice. You should consult an attorney to discuss the specifics of your situation.

How Long Does a Divorce Take?

Lanae Harden, a Carmel Indiana divorce lawyer, answers a common question about the length of time the divorce process takes.

Relocating and Custody – Know Before You Go

Attorney Lanae Harden, who chairs Harden Jackson’s Family Law Practice Group, advises those parents who are considering relocating and how to ensure you are abiding by the state statute.
Job losses and the housing market decline during this economic recession have forced many people to relocate in order to downsize their residences or to pursue new job opportunities. A move may also occur following a divorce, especially if one of the former spouses had temporary living arrangements while the sale of the marital home was pending, or subsequently as the result of remarriage.
Divorce and relocation are two of the most stressful changes in an adult’s life. Numerous details and tasks must be managed and completed. When children are involved, the focus is usually whether the change will affect their friends or which school they attend. What many parents do not realize is that their move may violate a state statute. Pursuant to Indiana law, a relocating individual must file detailed written notice of their intent to move with the clerk of the court that issued a custody or parenting time order. The notice is required well in advance of a move, and applies regardless of whether the move is across the street, across town or to a different state. Many parents have been caught by surprise by the relatively new relocation statute (particularly those who divorced prior to its adoption), and have found themselves unwittingly in violation of such.
Previously, the statute only required filing of a relocation notice when a move was greater than 100 miles or out of state. Now, notice applies to every move and must be filed 90 days before the proposed relocation. The non-relocating parent then has 60 days to object to the move or request modifications in custody or parenting time from the court relevant to the relocation. The court considers numerous factors in determining whether any such modification should be granted, including the distance involved, and whether the relocating parent is making the move in good faith and has a legitimate reason for the move. The priority of the court is to confirm that the move is in the best interests of the children. If distance is a factor, other matters must be addressed, including how the move will affect parenting time and impact the non-relocating parent’s relationship with the children. This can be a volatile subject for many parents, and the financial and emotional stresses can exacerbate the situation. However, communication and cooperation can minimize the conflict and parents may be able to negotiate an agreement and alleviate many relocation hurdles and concerns. Consulting with an experienced family law attorney can help either the relocating or non-relocating parent understand how the statute applies to their particular situation and develop a plan of action to address their concerns.

Indiana Parenting Guidelines

Founding Partner, Lanae Harden was recently interviewed by a local new channel regarding the changes in Indiana’s Parenting Guidelines. Harden is considered among the top attorneys in Indiana in Family Law and is a skilled litigator with over 16 years experience with divorce and child custody cases.

Indiana’s Supreme Court is seeking the public’s opinion on possibly changing laws governing parental guidelines for divorced Hoosiers with children. Many Hoosiers said the current laws are far from perfect because many of them decide how much time a child spends with each parent. Divorce attorney Lanae Harden said the new proposed guidelines could provide some relief for parents and may put an end to the decision making.

“(Parent have to decide), whose weekend is it if I had two in a row? Do we switch? Who gets the birthday if it’s Thanksgiving and I have Thanksgiving and it’s his year to get the birthday?” Harden said.

Divorced parents have been dealing with those types of custody issues for years, RTV6’s Jenna Kooi reported.

“I think … with these guidelines, disputes will be reduced. Therefore, attorney fees will be reduced and parents can spend money on their children instead of litigating about children,” Harden said.

One of the proposed changes concerns holidays. Martin Luther King, Jr. Day and Presidents Day would be addressed, as well as who gets custody on fall break. Under the current laws, Christmas and New Year’s Day are two separate holidays, but under the new proposals, the two holidays would be combined into one and split between each parent.

“I’ve had situations where people are calling on Christmas Eve, and it’s really upsetting for a parent not to know if they are going to get their parenting time on Christmas Eve if they’ve made plans,” Harden said.

Currently, parents aren’t allowed to have a child three weekends in a row, but the new proposal would change that to what’s called a Parallel Parenting plan.

“There is now a special provision relating to situations where parents cannot get along, they are litigating every year,” Harden said. “In these situations, instead of calling your attorney or having them call their attorney and go back and forth, you go to this independent party that’s neutral. You kind of mediate these disputes between the parties.”

Harden said the new guidelines would only apply to new divorces, unless both parents who abide by the current rules agree to adopt the new rules. Court officials said the new guidelines could go into effect as soon as July 1.

Opportunities at Harden Jackson

We are looking for a dynamic Marketing Intern to work as a part of our team at our two sister companies (Harden Jackson LLC and MLJ Adoptions).   Qualified candidates will be highly motivated, have excellent writing skills, extremely adept with social media, detail-oriented and able to operate under basic guidance. This position has the possibility of becoming a full-time paid position for the right candidate.  This Internship will begin in May-June.  Are you ready to make it happen?   

Responsibilities

  1. Assist with writing ad content for print media.
  2. Assist with managing blog schedule, topics and writing.
  3. Keep online listing and advertisements up to date with firm developments and changes.
  4. Keep internal contact databases updated.
  5. Assist with social media (Twitter, Facebook, LinkedIn etc.) updates.
  6. Assist with web content updates as appropriate
  7. Develop business through coordinating social functions through the local bar associations involving local firms and attorneys.

 

Qualifications

 

1.        At the Junior or Senior undergrad level majoring in Marketing or related discipline

2.       Ability to work with limited supervision

3.       Proven ability to manage social media campaigns

4.       Strong organizational and time-management skills

5.       Excellent communication skills

Working understanding of Excel,  Word,  PowerPoint and the Internet 

 

About Harden Jackson LLC:   The team at HARDEN JACKSON is committed to providing our clients with personalized, compassionate service while remaining assertive advocates protecting our clients’ interests whether they are fighting for custody or negotiating the terms of a surrogacy contract. As effective and experienced litigators, the attorneys work with clients to develop strategies for negotiating settlements, while always preparing for litigation if necessary.  The firm’s practice areas are restricted to: divorce, child custody and other areas of family law, adoption and reproductive law (including surrogacy and egg donors).

The 21st Century Divorce

Communicating with your former (or soon-to be former) spouse can be difficult.  Emotions and disputes often make civil conversations difficult.  However, it’s easier than ever to communicate without ever even speaking.  Between email, social media and texting, we can now have a relationship or dialogue with pretty much anyone and never have to see them in person.  On the reverse side of that, emails, social media and texts can be used to enhance or detract from your case in a divorce or custody battle.

Attorney Clarissa Finnell, a seasoned attorney who practices exclusively in the area of family law, explains that using media as a tool has become prevalent in her family law cases.  Finnell explains, “Often times, a client comes in with emails or text messages to be submitted to the court to prove the spouse participating in inappropriate behavior, infidelity etc.”  However, Finnell also warns that this very same documentation can also be used against the client.  Finnell gives several tips on how to use technology in your favor for your divorce or custody dispute.

  • Limit communication. Do not engage in or reply to any other communication unless it’s directly related to the children.  Communication should be limited to information about children’s well-being, parenting time, education etc.  This includes texts, emails and online private messages.
  • Communication is important.  While limiting communication is important, it’s also important not to withhold child-related information.
  • Communicate via documented channels.  Phone calls are hard to admit in a court.  Emails and texts are much easier to submit to the court.  Establish a preferred method to communicate with your ex-spouse and keep all communications, when possible, through this method.
  • Save any emails, texts, Facebook posts or any other information you would like to submit to the court, but keep in mind that your ex-spouse can do the same.  This is why it is important to abstain from any communication that isn’t informational or about the children.
  • Do not post anything online that you wouldn’t want the court to see.  Anything you post online including your status updates, pictures and even jobs you apply for can be used in court.  This also includes pictures of your children.

Tragedy Brings Up Questions About Child Custody Laws

This week, we learned of a tragic story out of Utah.  Josh Powell, the husband of a missing Utah woman, killed his two sons and himself in an intentional house fire. This horrific act brings up questions about what could have been done to protect these children and the countless others who are caught in a child custody battle.
Powell, who was a suspect in the disappearance of his wife, had lost custody of his sons, yet they were still at his home when he took their lives. Custody in Powell’s case was handled much like many cases — the goal was to remedy the situation that caused the loss of custody while maintaining the relationship of the father and sons. Powell lost custody after his father, Steven Powell, who they were living with, was arrested on child pornography charges in September, police said. Powell had been granted visits with his sons twice per week in his home.
Attorney, Lanae Harden, who chairs the Family Law Practice Group at HARDEN JACKSON, LLC, and has over 15 years experience with Child Custody cases commented that while this situation is very tragic, it is unlikely that a court could have ever predicted something like this. “Unless the child appears in immediate danger and/or the parent has a history of violence, it is very unlikely that a court would not allow the children to have visitation with the parent in their home.” Harden goes on to say “Child custody laws are designed for ‘the best interest of the child’, and typically this means that children should spend time with their parents.”

Read the complete article at: http://www.usatoday.com/news/parenting-family/story/2012-02-07/Powell-tragedy-sparks-questions-about-child-custody/53003130/1

One Sperm Donor, 150 Offspring and the Need for Legal Advice

In recent news, a sperm donor has led to a topic of debate regarding the need to regulate the number of children each sperm donor should be allowed to father. There is growing concern among parents, donors and medical experts about potential negative consequences of having so many children fathered by the same donor, including the possibility that genes for rare diseases could be spread more widely through the population. Another concern is the increased odds of accidental incest between half sisters and half brothers, who often live close to one another.
Critics say that fertility clinics and sperm banks are earning huge profits by allowing too many children to be conceived with sperm from popular donors, and that families should be given more information on the health of donors and the children conceived with their sperm. They also desire legal limits on the number of children conceived using the same donor’s sperm and a re-examination of the anonymity that cloaks many donors.
Although other countries, including Britain, France and Sweden, limit how many children a sperm donor can father, there is no such limit in the United States. There are only guidelines issued by the American Society for Reproductive Medicine (ASRM), a professional group that recommends restricting conceptions by individual donors to 25 births per population of 800,000.
The number of children born through sperm donation is unknown. The estimated number is between 30,000-60,000, perhaps even more. Mothers of donor children are asked to voluntarily report a child’s birth to the sperm bank, but an estimated 20-40% of them actually report the birth. Most families turn to the registry’s web site, donorsiblingregistry.com, for more information about a child’s half brother or half sisters.
The donors are given a number that identifies them and the children or families can look up how many siblings they have if they registered on the website identifying that donor number as their father also.
There are certainly competing interests at stake: the privacy of the sperm donor and the genetic or mental health concerns of the donor child, as well as concerns that the donor’s offspring will be a result of incest relationships and pose health concerns to those fetuses. The question of whose interests win out is still to be decided.
One major issue of liability and child support still remains in many states. Many states do not use the resources of a lawyer with known or unknown sperm donation arrangements. Often the sperm bank (or clinics) use consents and releases to add protection and limit liabilities in the arraignment. In recent years, there has been cases in which sperm donors that did not have a contract or agreement in place, were deemed financially responsible for the child as well as the intended parent(s). While this area of law is still “grey”, it is a hot topic to discuss amongst assisted reproduction professionals (medical and legal). A word to the wise, protect yourself and be sure that the medical facility, doctors, donors and recipients are all aware of the need for legal analysis of the sperm donation arrangement.

Finding The Right Lawyer – A List of Questions

Are you considering hiring an attorney?  Whether it be divorce, custody, adoption or another legal matter, hiring an attorney can provide guidance through your life’s transitions.

The law office of Harden Jackson offers the following list of important questions to ask an attorney during your initial consultation.   These questions can help you choose the best attorney to handle your case. The best attorney isn’t the most expensive or the most experienced. The best attorney is someone who can handle your case in the manner in which you would like and obtain you a fair result at a fair price. It’s critical that you match the experience level and size of the firm your hire with the needs of your case. Know who you are hiring and why you are hiring them.  These questions can help you find that person.

Concerning general experience, ask these questions:

1. How many matrimonial cases have you handled?

2. What percentage of your cases are in my county?

3. What percentage of your cases go to trial?

4. How many of these cases involved _____________ [custody, support, business valuations, large financial settlements - whatever issue feels like your major concern]?

5. Are you experienced in ___________ [mediation, arbitration, collaborative divorce, or whatever style of divorce you hope to enter]?

6. Do you have the time to take on a new case now?

7. Do you know the attorney for my spouse?

Ask about day-to-day operations:

1. Who will be assisting you on my case? Can I meet them now?

2. What is the experience of the people assisting you?

3. What work would each member of the team do and what work would you do?

4. Who will attend settlement conferences, meetings, etc.?

5. Who will handle court appearances? What about a trial?

6. If I have questions, whom do I call?

7. What hours are you usually in the office?

8. Do you have any time-consuming trials coming up?

9. Will I get copies of all papers (letters, faxes, legal papers) in my case?

Make sure the fees are clear:

1. What are the billing rates for each team member?

2. Is your fee for trial different from your hourly rate?

3. Do you charge a retainer, and how much is it?

4. What happens when the retainer is used up?

5. Will you keep me informed each month as to how much of the retainer has been depleted?

6. What happens if I get behind on the bills?

7. Can you collect your fees from my spouse?

8. How much am I billed for copies of all relevant documents?

9. What extra fees or costs should I expect besides hourly charges?

10. Am I billed for telephone calls?

11. Do you have a minimum unit of time you bill me for?

12. What is the average fee for a case you handle from start to finish?

Ask these questions about handling the case:

1. What type of input will I have in decisions concerning strategy in my case?

2. How will I be kept informed of all developments?

3. What problems do you foresee arising in my case?

4. Based on your experience, how much do you think my case will cost?

 

Harden Jackson attorneys understand that each life journey is unique and that your situation is unlike any other. Therefore, our services are designed to provide expert guidance, tenacious advocacy, and effective solutions that ensure you can continue your journey with confidence that you have obtained the best outcome possible.

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