tag:blogger.com,1999:blog-88417833955531485342012-01-26T07:41:25.942-08:00<b>Indiana Custodial Rights Advocates is a volunteer organization advocating for the best interest of children and families. We provide speakers, legal assistance, legislative and judicial testimony and facilitators. Executive Director Stuart Showalter provides this Law Blog as free opinion on various issues to readers. Reader submissions of topics are welcomed. Send to showalter@incra.info</b>Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.comBlogger2881100tag:blogger.com,1999:blog-8841783395553148534.post-35795069097293946332012-01-26T07:33:00.000-08:002012-01-26T07:41:25.967-08:00

When thinking of battling demons you may first envision images from pop culture; Buffy the Vampire Slayer, other movies like Frailty and the Exorcist, or the writings of Salvatore. Do you ever consider the reality of demon slaying and the power of thought.I have seen the unmasked persona of people involved in child custody battles. I have seen the abusers of children exposed. I have listened

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-45713876201485120602012-01-24T08:23:00.000-08:002012-01-24T08:31:02.745-08:00

I never did feel much of a need for having a car. It wasn't until I was age 25 that I actually obtained a driver's license which I'll close with an anecdote about. I grew up near the Indiana State Fairgrounds and regularly availed myself of the public transportation system, taxis, family and friends, delivery services, and, most often, my bicycles or own two feet to satisfy my transportation

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-87479413161183459472012-01-23T06:37:00.000-08:002012-01-23T07:16:52.503-08:00

I believe that marriage is the foundation of a society. In that I mean providing a stable environment in which to raise children. Marriage, when the event occurs, is held in great reverence but somehow that seems to fade for many. Sometimes held together for the sake of the children while at other times disbanded in spite of the children. Throughout the years I have given much thought to the

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-7772513787870623232012-01-18T06:19:00.000-08:002012-01-18T06:37:16.410-08:00

In one of the most ironic political reversals ever, Democrats in the Indiana House of Representatives are uniting with supporters of wealthy union leaders and lobbyists to oppose expanding civil rights for workers. This comes from opposition to legislation that is the equivalent of and would have the same effect as protecting the rights of workers based upon religious preference. Basically they

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-61576797577423414412012-01-15T12:34:00.000-08:002012-01-15T12:45:09.197-08:00

Today I review American Gangster from my collection of divorce, child custody and child support related movies.American Gangster [2008] - Written by Steve Zaillian; directed by Ridley Scott. Starring Russel Crowe as a divorced New York City detective who dedicated his life more to police work than his wife and his son with whom he has sporadic involvement. The mother, Carla Gugino, wants to

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-65040684819223876282012-01-13T08:16:00.000-08:002012-01-13T08:29:09.221-08:00

Do you ever feel like you are on a hamster wheel trying to get caught up on never ending commitments for your time? Your days seem to end with more on your plate than you started with and the lethargy you feel leaves you irritable and unsatisfied.A few days ago I was hanging out with a gal discussing the activities of our day and what we had planned for the immediate future. My day was going to

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com1tag:blogger.com,1999:blog-8841783395553148534.post-76355550098793491902012-01-10T06:31:00.000-08:002012-01-10T06:32:35.285-08:00

Indiana Senate Bill 190 will come on for hearing before the Indiana Senate Judiciary Committee on Wednesday 11 January 2012 at 9:00am in Room 130. This bill would allow the victim of a rape to seek to terminate the parent-child relationship of the father and the child. The synopsis of the bill is as follows; Allows a parent who is the victim of an act of rape from which a child was conceived

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-54458029234109066382012-01-09T14:09:00.000-08:002012-01-09T14:22:55.169-08:00

Today I awoke at 5:00am to be in court by 8:00 to listened to the commitment hearing on a probation violation case. I have to start my day with Yoga, meditation, a workout, tea and some quick clean up of the messes I made the prior day. Then it was off to listen to the recording. As I heard the first few minutes it became clear that there were two radically different interpretations of the

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-9188637591150471842012-01-08T18:31:00.000-08:002012-01-08T18:33:04.223-08:00

Today I review Secret Window from my collection of divorce, child custody and child support related movies.Secret Window [2004] - Based on the novella by Stephen King; directed by David Koepp. Johnny Depp stars as Mort Rainey a mentally disturbed novelist who lives in seclusion following the estrangement from his wife, played by Maria Bello, who has become involved with a new suitor played by

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-21258060447299134402012-01-07T14:10:00.000-08:002012-01-07T14:15:20.411-08:00

Indiana Senate Bill 18 will come on for hearing before the Indiana Senate Committee on Corrections, Criminal, and Civil Matters on Tuesday 10 January 2012 at 9:00am in Room 130. The bill seeks to change the presumptive emancipation age in Indiana for the purposes of child support payments from 21 to 19 years. Currently Indiana is only one of three jurisdictions with the emancipation age as

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-22166657155162467122012-01-05T06:26:00.000-08:002012-01-05T06:28:51.031-08:00

A year ago when I was asked where I thought the S&P would finish the year I did not hesitate in my resolute declaration that it would be lower. I said this even as the market was continue to climb and economists were saying that the world had averted financial disaster. I was nearly proven wrong and may have actually saved myself.The S&P finished out the year almost exactly where it started,

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-33762443327188062722012-01-04T10:31:00.000-08:002012-01-04T10:49:47.829-08:00

I sit here at the Indiana State House watching the atrium, halls and every corridor start to fill with people. Ostensibly most are here to support workers and families. they do this by, in actuality, opposing legislation that will help create job opportunities for more out of work Hoosiers. A steady stream pours into the state house carrying placards, holding banners or simply appearing

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-4022006872043949442012-01-03T06:25:00.000-08:002012-01-03T06:45:30.485-08:00

Monday night provided another fine example of how the so-called blind lead the blind. Or rather, in this case, how an illogical buffoon leads the equally dim-witted sheeple.This story starts in my proverbial backyard. It's 10:00 pm when my buddy returns to his home in Lebanon from his trip down to the Whitestown Lowe's which closed at 9:00pm. The reason for the extended duration of an

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-63902678126286399852012-01-02T17:50:00.000-08:002012-01-02T17:59:57.667-08:00

Last year some of my little buddies ask me to join the YMCA and come work out with them. It was winter time and I was still on my three hour per day workout routine at home which was get tedious.As a potential member of the Witham YMCA I was taken on a tour of the recently opened facility and shown all the amenities. The rate for me was $40 per month plus a one time fee of $60 to join. One of

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-79337567912563815932012-01-01T13:25:00.000-08:002012-01-01T13:35:28.433-08:00

As the effects of what may have transpired on the closing night of the year wear off you may be confronted with the expectation of reciting your pledge of a desired change that you will attempt to embark upon this coming year -- your new year's resolution. Before proceeding take a moment to read "Why New Year's Resolutions Fail" which I wrote earlier in the year.Now that you have digested that

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-31037167857746997062011-12-25T10:23:00.000-08:002011-12-25T10:25:50.701-08:00

This time of year again reminds me of the simplicity with which adults lie to children and the cavalier attitude that they take towards doing such acts. The human specie requires the longest term of maturation of any life on Earth. From birth children trust their parents and must in order to survive. During periods of family upheaval such as divorce or separation that need is even greater as

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-83940903426778487932011-12-19T04:00:00.000-08:002011-12-19T04:07:09.447-08:00

As I slept with the television on overnight I experienced some dynamic and somewhat cryptic dreams for which I seemingly had no control. I awoke from being in a library lecture hall where the subject was various types of body hair removal. Discussion of depilatories, electric shavers, razors and etc went on ad nausea. Many of the attendees cheered the results of the new product being promoted

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-29192961506740544202011-12-18T16:59:00.000-08:002011-12-18T17:00:21.756-08:00

Today I review Cyrus from my collection of divorce, child custody and child support related movies.Cyrus [2010] Written and Directed by Jay & Mark Duplass. Starring John C Reilly and Jonas Hill in the roles of a divorced man who becomes the suitor to the mother of the young man who still lives at home with her. Hill embarks upon a subtle campaign of sabotage to keep Reilly from surpassing him

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-67157611555173844972011-12-15T06:13:00.000-08:002011-12-15T06:18:49.829-08:00

On January first of this year I was asked where the S&P 500 would finish the new year after closing out the previous year at 1257. My answer was a resounding lower! This was in contrast to numerous analyst who were touting figures mostly ranging from 1325-1450. At that time the accounts under my management were 100% cash. Although I did miss some upside I have not succumb to the price

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-16090896882531031902011-12-11T09:24:00.000-08:002011-12-11T09:26:49.972-08:00

Today I review Big Daddy from my collection of divorce, child custody and child support related movies.Big Daddy [1999] - Adam Sandler plays Sonny, a man age thirty-two who has no direction in life and was recently dumped by his girlfriend. While at the apartment that he shares with his roommate Kevin a child is dropped off. The boy, Julian, who is age 5 was accompanied by a note from his mother

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-46264733071211315632011-12-04T07:30:00.000-08:002011-12-04T07:32:02.491-08:00

Today I review Domestic Disturbance from my collection of divorce, child custody and child support related movies. Domestic Disturbance [2001] Written by Lewis Colick, William S Comanor and Gary Drucker; directed by Harold Becker. Starring John Travolta, a boat builder, as the father of a young boy and Vince Vaughn, a wealthy investor, as the soon to be new husband of the boy's mother. Both

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com1tag:blogger.com,1999:blog-8841783395553148534.post-62877846450501071652011-11-28T06:07:00.000-08:002011-11-28T06:22:26.507-08:00

In the last segment I detailed how Americans are choosing luxuries over free time. Larger homes, more and bigger cars which they drive further, and more food which more of is being prepared by hired help. This need for greed is being driven by a proletariat and bourgeois envious of and striving to be the affluent, if only in appearance. Yet, the greatest needs are being neglected and that is

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-18795901642046022732011-11-27T17:40:00.001-08:002011-11-27T17:42:16.413-08:00

Today I review Le Divorce from my collection of divorce, child custody and child support related movies. Le Divorce - Written by Ruth Prawer Jhabvala and James Ivory; directed by Ivory. Starring Kate Hudson and Naomi Watts who play stepsisters brought together in Paris when Watts is abandoned by her husband. The relationship lines get tangled when Hudson fancies an older gentleman related to

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-20195446169981033342011-11-20T17:38:00.000-08:002011-11-20T17:40:37.431-08:00

Today I review Heat from my collection of divorce, child custody and child support related movies. Heat [1995] - Written and directed by Michael Mann. This action thriller pits Al Pacino as an LA detective against Robert De Niro as the leader of a high stakes burglary team. The firm opens with a brazen and deadly armoured car heist and culminates with the mono-e-mono confrontation between

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-81519646360134760422011-11-16T07:16:00.000-08:002011-11-16T07:19:46.168-08:00

Next Tuesday will be Organization Day at the Indiana State House for the 2012 session. Organization Day is established by the following statute: IC 2-2.1-1-2 Sec. 2. (a) The first regular session of each term of the general assembly shall convene on the third Tuesday after the first Monday of November of each even-numbered year to do the following: (1) Organize itself. (2) Elect its

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-59558959299141630022011-11-14T06:38:00.000-08:002011-11-14T06:46:08.006-08:00

Previously I had compared the employment schedules of modern Americans, Europeans and Americans from two generations ago. I noted that worker productivity had increased 400% yet the workweek hours have increased, not declined. I concluded that contrary to the self-prescribed purpose of the increased work week, which is the need to maintain the standard of living, is actually the need for greed.

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-75195114527916275232011-11-13T11:01:00.000-08:002011-11-13T11:04:57.859-08:00

Today I review Kramer v Kramer from my collection of divorce, child custody and child support related movies.Kramer v Kramer [1979] - Based upon the novel by Avery Corman; directed by Robert Benton. Starring Dustin Hoffman who portrays a father left to be the sole caregiver and provider for his young son after the mother, played by Meryl Streep, abandons them to pursue her own interest and find

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-22449452401223881292011-11-07T09:20:00.000-08:002011-11-07T09:31:16.054-08:00

Among my daily activities, which includes hours of exercise, are numerous hobbies such as gardening, woodworking, cooking and learning in general. This week I have been studying from an LSAT prep book although I have no plans to take the test, but I do enjoy taking the practice quizzes and preparing myself to teach my son who plans to be a lawyer.There is also daily examinations of world

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-7364047737061062942011-11-06T14:53:00.000-08:002011-11-06T14:56:02.104-08:00

Today I review Fine Things from my collection of divorce, child custody and child support related movies.Fine Things [1990] Based upon Danielle Steel's novel "Fine Things"; directed by Tom Moore. A single mother of a young girl tells her that her father had died rather than have the girl know the truth and confront the self-blame that children generally assess from the split. As they go about

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-41507292519838331352011-11-01T06:23:00.000-07:002011-11-01T06:33:48.435-07:00

Today marks two months until the first day of the coming year and the day following the largest percentage gain for the Standard and Poor's 500 index since 1987. Last Thursday CNBC contributors and their top cheerleader Jim Cramer, who's moods change with the tide of the daily trading direction, were touting new highs to come for the S&P 500 index this year based upon a disconnect between Europe

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-86657672217689632812011-10-31T06:49:00.000-07:002011-10-31T06:50:28.450-07:00

The Domestic Relations Committee [DRC] of the Indiana Judicial Center had been scheduled to meet on Friday, 21 October 2011 but that session was canceled. The next session of the DRC will be on Thursday and Friday, 17-18 November 2011.The Committee has been working on amending Indiana's Parenting Time Guidelines [IPTG]. Public input has been received and numerous recommended changes will be

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-63557444048986294202011-10-30T14:29:00.000-07:002011-10-30T14:36:05.858-07:00

Today I review Falling Down from my collection of divorce, child custody and child support related movies.Falling Down [1992] - Written by Ebbe Roe Smith; directed by Joel Schumacher. Starring Michael Douglas who portrays a divorced man on a mission to see his daughter on her birthday. It is subtly implied that his intolerance and anger issues have led to his divorce which he blames on his

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-10321845162097262442011-10-29T07:51:00.000-07:002011-10-29T07:59:37.357-07:00

With the official unemployment rate persistently hovering above 9% and new applications for unemployment compensation exceeding 400,000 weekly many pundits and politicians lament this scenario and offer dire warnings. However, I do not believe that a high unemployment rate is a precursor to the doom and gloom prognostications that spill forth from the lesser enlightened.My compendium of the

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-10661543305297032832011-10-27T08:58:00.000-07:002011-10-27T09:21:03.907-07:00

The Indiana Child Support and Custody Advisory Committee [ICSSAC] of the Indiana General Assembly [IGA] met in open session on Wednesday 26 October 2011 to discuss and receive testimony about a proposal requiring judges to presume that both parents involved in a divorce should continue to share joint legal custody of the children following dissolution. Additionally, two proposals to amend the

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-21608468095786370032011-10-26T13:34:00.000-07:002011-10-26T13:41:50.369-07:00

The Indiana Child Support and Custody Advisory Committee [ICCSAC] of the Indiana General Assembly met in open session today to discuss and receive testimony about two proposals to amend the age of emancipation of a child whom a parent is obligated to pay support. Additionally a bill requiring judges to presume that both parents involved in a divorce should share joint legal custody of the

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com3tag:blogger.com,1999:blog-8841783395553148534.post-38268546819245328252011-10-25T05:48:00.000-07:002011-10-25T05:59:25.299-07:00

The Indiana Child Custody and Support Advisory Committee [ICSSAC] to the Indiana General Assembly [IGA] will meet in public session on Wednesday 26 October 2011. This is the first meeting of the ICCSAC for the 2012 session of the IGA.Senator Brent Steele is the chairman of the committee.Details are as follows;Meeting Date: October 26, 2011Meeting Time: 10:00 A.M.Meeting Place: State House, 200 W

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-25511381136176968672011-08-25T09:18:00.000-07:002011-08-25T09:19:27.873-07:00

If you have received life coaching from me then you will recognize much of what I have to say here. Today I am going to give a brief lesson in profiting from Day Trading. The recent market volatility as measured by the VIX is the darling child of the Day Traders. If you are a learned student of Psychology inclusive of the sub-categories such as group think, extrinsic motivation and the other

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com1tag:blogger.com,1999:blog-8841783395553148534.post-71975387677519881002011-08-18T07:13:00.000-07:002011-08-18T07:14:29.037-07:00

An article by Jennifer E McIntosh, PhD, Special Considerations for Infants and Toddlers in Separation/Divorce: Developmental Issues in the Family Law Context, published 27 June 2011 has received significant attention. After reading this article I think it warrants review for what is inclusive and omitted. McIntosh notes at the onset the age of children relevant for this topic - under five

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-26960790062554605252011-08-17T07:44:00.000-07:002011-08-17T07:51:19.259-07:00

Every year people crawl into bed, if they actually make it that far, at some early hour in the morning on New Year's Day with a feeling that it must get better. They awaken to the face their same feelings of an immutable impasse in their lives but boldly declare their resolutions anyway. They are going to get closer with family, become more active, be healthier, lose weight, quit smoking, go

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-83583745574772995382011-08-01T14:32:00.000-07:002011-08-01T18:02:01.601-07:00

I have been riding my bicycle on a route between Indy and Lebanon nearly everyday day recently. Often I am in downtown Indy or on other roads where I encounter heavy traffic loads and ride within close proximity to the vehicles. People whom I know sometimes tender their unsolicited advice about my safety. For many it is not without validation as I was once nearly killed in a collision with a

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I have now posted 249 previous musings about child custody issues and other matters. I was trying to think of something significant to entertain you with for this milestone as my day was concluding and I began my bicycle ride to Lebanon. There were quite a few issues that came to mind as my journey homeward took me North from downtown Indy.As I waited for the westbound turn arrow at 73rd and

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-29965583589801180882011-07-22T05:13:00.000-07:002011-07-22T05:15:14.979-07:00

The most common complaint I have received from parents is specifically that the custodial parent has not been providing copies of report cards and other school communications or that the school will not allow direct access. These complaints have not missed the attention of the Domestic Relations Committee that is currently amending the Indiana parenting Time Guidelines [IPTG]First, here is what

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-85977294341998121722011-07-20T07:01:00.000-07:002011-07-20T07:08:53.603-07:00

Recently I had the opportunity to be watching television and did. What made this particular episode of my rare television viewing worthy enough to draw me into writing about it was that I actually saw a commercial. My missed opportunity with the remote led to my viewing of the attempt by beenverified.com to mollify those in the dating scene.My ire was raised by the statement made by the actress

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-52826204633933430282011-07-15T13:13:00.000-07:002011-07-15T13:14:19.133-07:00

I have been traversing the countryside and nearby towns lately perusing yard sales. This multifaceted endeavor, usually accomplished on my bicycle, is providing for at least a nominal degree of exercise. I am also getting the benefit of acquiring some useful, sometimes previously unknown to me, products that may just make my life a bit easier.Often times I am getting the tried and true, quality

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My head is spinning as I try to wrap my thoughts around the practicality, or lack thereof, of the Order from the Indiana Court of Appeals issued on 30 June 2011 in the case of Scarberry v Scarberry.Briefly, Craig Scarberry is the Anderson, Indiana man who lost custody of his children in November 2010 because Madison Superior Court Master Commissioner George G Pancol found that Craig had changed

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While counseling parents in high conflict relationships I am often confronted with the claims by a parent that he or she can't make the child do something the child doesn't want to. It is as though these parents now want me to believe that minor children of divorced parents are no longer the subjects of parental authority as are the children of married parents – something I just won't buy

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Never has something gotten so under my skin as the soon-to-be “effective” Indiana law prohibiting texting while driving. I have already written about the Safety in Texting While Driving where I detailed why it can be safe for some people to do that.Today I want to throw all of that aside – disregard that this is a 'texting' issue – and focus solely on respect for the law.The foundation of our

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I have previously written about FaceBook in the context of overall social networking sites and about Social Networking sites making their way into the Courtroom. Now there is another twist to the FaceBook phenomena and child custody battles.This time it was an Indiana woman who created a fake Facebook profile to get information from her ex-husband to use in a custody battle. Her unscrupulous act

Indiana Custodial Rights Advocateshttp://www.blogger.com/profile/03266242466024971291noreply@blogger.com0tag:blogger.com,1999:blog-8841783395553148534.post-5056975837649971712011-06-19T06:35:00.000-07:002011-06-19T06:40:54.305-07:00

Today is Father's Day. This day is a celebration of fathers inaugurated in the early twentieth century to complement Mother's Day in celebrating fatherhood and male parenting. Father's Day is celebrated on a variety of dates worldwide and typically involves gift-giving, special dinners to fathers, and family-oriented activities. The first observance of Father's Day actually took place in Fairmont

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Last night I got summoned by a woman wanting help in a Domestic Violence situation. I wrote about another incident where I was recently called to come assist in a similar situation which I wrote about in So I get called to a Domestic Violence situation. Last night I came upon the scene to find two neighbors in the yard, an unidentified man and the mother. She is screaming, “He's got my baby,

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I tend to view myself as being quite knowledgeable about child custody law in Indiana. I attend all the meetings of the Domestic Relations Committee of the Indiana Judicial Center and I also write child custody law. Additionally, I read all of the higher court opinions as they relate to child custody law where I often see the same results; attorneys not being intimately familiar with child

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So the Indiana Court of Appeals hands down another decision on a pro se appeal, this time on 13 June 2011 where the trial court's denial of Father's petition to modify custody was affirmed. Unlike most pro se litigants this Father's appeal wasn't denied based purely upon a failure to comply with the Rules of Appellate Procedure. In fact, the trial court found Father was “completely cogent and

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As I am nearing the weight that I was on the 21st anniversary of my birth I take a moment to reflect upon weight loss in general, what it has taken to get there and the benefits that I have received. I expect, rather I demand of myself, that I will lose the three pounds necessary to achieve the interim goal of my age 21 weight by the end of June. After that, the final goal is my high school

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If you pay attention to political or legal news then you should be familiar with the decision by Justice Steve David striking down an Indiana law that allows for citizens to use force to resist an unlawful entry into their domicile. The decision by the Indiana Supreme Court in Barnes v State of Indiana was handed down on 12 May 2011.After getting additional information about the case and

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As part of my regular routine I read all of the Domestic Relations and child custody cases handed down by the Indiana Court of Appeals and the Indiana Supreme Court. I consistently come across decisions like the one I am examining today. This time it is a pro se litigant who's appeal was doomed from the outset by failure to comply with one of the simplest rules. I have previously written about

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Sci-fi movie fans and others may be able to recall Keanu Reeves plugging-in and learning martial arts or how to fly a helicopter in the movie The Matrix. Such a learning system would alleviate nearly every problem we have in our modern institutional education system and provide children with much greater opportunities for sports, general play, leisure time and a less stressful life. But such is

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The irony of a US Army Colonel declaring one of the enumerated rights in the Bill of Rights and the subsequent statutory law void in Indiana cannot be avoided. On 12 May 2011 Indiana Supreme Court Justice Steve David declared that Indiana Code 35-41-3-2 and the Fourth Amendment to the United States Constitution are no longer applicable in the State of Indiana.Justice David held, "that [sic]

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As I sit here watching the 2011 Formula Grand Prix of Monaco I am quite disappointed that I am unable to attend the IZOD 100 Years of Indy 500 Celebration. I have been going to the Indianapolis 500 since 1977 at age 8. From those early days when the Indianapolis 500 was a city-wide event and it seems everyone knew someone who was involved in the race I have noticed a decline in the significance

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The Domestic Relations Committee and the Alternative Dispute Resolution Committee held a joint session on Friday 20 May 2011 to review public comment and amend the proposed parenting time coordination rules. The proposed PTC Rules were amended Friday based upon comments received by the Committee thus far. The public may still provide input until Thursday 26 May 2011.The schedule is going to be

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As public discussion and outrage increase over the Barnes v State of Indiana case decided by the Indiana Supreme Court on 12 May 2011 there seems to be as much inaccurate information as there is accurate with all peppered by opinion. I didn't write about this until I warned you about Supreme Court (in)Justice Steve David published on Friday 20 May 2011.In that I wrote about my experiences with

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Indiana Supreme Court Justice Steve David has gained much notoriety recently based upon his decision in the case of Barnes v State of Indiana. Many people seem alarmed by this decision but it does not surprise me at all. When I first heard of it my comment was, "Well I know Dickson will have dissented". Then I went into my bullet point soliloquy about how this was predictable and that I had

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Today is Mother's Day. Established by Anna Marie Jarvis in 1905 as a way of honouring her mother, Ann Jarvis, who died on May 9, 1905. The elder Jarvis had pioneered attempts at establishing a “Mother's Friendship Day” to reunite families who had been divided during the War Between the States. The holiday was declared official by the state of West Virginia in 1910, and the rest of states

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The Domestic Relations Committee and the Alternative Dispute Resolution Committee of the Judicial Conference of Indiana have developed proposed Parenting Coordination rules and commentary. This is the first time that rules have been proposed for Parenting Time Coordination.Parenting coordinators are used to assist parents in resolving disputes associated with their children. A trial court judge

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In a life where I am immersed in child custody law and surrounded by those who are embroiled in child custody battles, in the pursuit of justice, I somehow manage to attain happiness. What I often see is the result of the paradox of justice - unhappy people.Let there be no doubt that it is often necessary to engage in a battle for custody of a child and that not all players in the battle are

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In an unpublished opinion the Indiana Court of Appeals rejected, wholesale, the judgment of Hamilton Superior Court II Judge Daniel J. Pfleging's plan to make a father pay child support in excess of that agreed upon, not give credit for payments made, make him pay mother's portion of the child's educational and health-care expenses and hold him in contempt for not doing so.Father raised six

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The 13 April 2011 issue of the Indiana Court Times has an article titled Best Practices: What to do with the Unprepared Attorney written by the Honorable Marianne Vorhees. A quick side note: I do not use the term Honorable as of course but do reserve it for those jurists who I believe bring honour to the judiciary. Marianne Vorhees is one of those who is deliberate in her thinking and

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Over the years I have been involved in some of the most notorious and bitterly contested custody cases in the state. Still I encounter new situations that come close to shocking me.The latest that peaked my interest was a mother going off on the father about his acknowledgement that their child had called him to alter the parenting time schedule. Before I get into the juicy details of the

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Some of the most distressed adults had significant care and resources as children while some of the most successful adults had little or no help as children, sometimes practically raising themselves. Although it may seem somewhat counterintuitive there is a good reason for this.Children need to be empowered to be responsible for themselves. There are many reasons for this but I will focus

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A panel of the Indiana Court of Appeals issued a ruling today in J.M. v Adoption of O.M., a strangely captioned case, which upheld a trial court's finding that Father's consent to adoption was not necessary.This case raises one often missed but important exception in the adoption rule. This is when the natural parent "fails without justifiable cause to communicate significantly with the child

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Often we hear the same cries of custodial and non custodial parents; I don't get enough child support to pay the bills and I can't pay my bills because I pay too much child support.At the outset I first note that there is an assumption, within policy, that it will cost 50% more to raise a child in a fractured family. Additionally both parents are obligated to provide support. Subsequent to this

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A week ago around midnight a friend of mine gets a call from a friend of hers who is into a situation with her domestic partner. I get told by my friend that "the next thing he is going to do is hit her". While at my friend's apartment she then says go ahead and call the cops but changes her mind and says go over there.I get the feeling that many cops do when sent on one of these runs without

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In a 2007 appeal of the grant of a custodial mother's relocation pursuant to the Indiana Relocation Statute [IC 31-17-2.2 et seq] a panel of the Indiana Court of Appeals approved the mother's relocation. Judge James Kirsch gave a compelling dissent that deserves mention.In 2009, the Indianapolis Bar Association presented Judge Kirsch with its highest award – the Hon. Paul H. Buchanan Award of

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One of the most common complaints I get from parents is that they are being denied custody rights of or parenting time with their children in some form. For legal custody this can be making medical decisions, enrollment in activities or a change in religious practices or attendance without consultation with the parent who shares custody. For parenting time this varies from

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Admittedly I have not been a long-time participant in the legislative process at the Indiana State House. Those who have been still have not seen anything like the walk-out by Democrat lawmakers in 2011.The last time there was a walk-out was in 1864 and was based upon ratification of the 14th Amendment.This time the purpose for boycotting the session is not as clear. We are now close to setting

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Divorce and separation should be about dissolving the cohabitation, shared lifestyle and co-mingling of finances between two adults. It should never be about separating the children from a parent unless there is clearly substantial abuse of the child by that parent. Yet, abusive parents often use the child as a pawn for retribution against the other parent, as a hostage for a beneficial

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In reviewing police reports and potential criminal cases a prosecutor must balance the severity of the crime, the deterrent effect of a prosecution, the likelihood of a conviction, the resources that must be expended, the wishes of the victim(s) and what will ultimately best serve the community.In the case where Brandon Galbraith attacked Craig Scarberry during a parenting time exchange these

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I currently have a few clients who have attorneys doing their courtroom work for them which gives me time to work on the parents lives and not preparing them to represent themselves. Much of the focus on child custody battles has been on the legal procedures and subsequent strategy. This is usually court-room based but there is an equally important, though often overlooked, strategy that you

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Over time I have consistently had an increase in requests for my assistance. This includes assisting attorneys, lobbying, advising policy-makers and assisting litigants preparing themselves for child-custody litigation. Throw on top of that my political activities during election times and it's easy to understand why I cannot assist everyone who desires consultation with me.Assisting the ACLU

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The stated purpose of the Indiana Civil Protection Order Act [IC 34-26-5 et seq] is to provide for the "protection and safety of all victims of domestic or family violence in a fair, prompt, and effective manner; and prevention of future domestic and family violence."The Act provides that a person who is or has been a victim of domestic or family violence may file a petition for an order for

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Those of us who are advocates and specialists in the child custody discipline know that what was known as the "tender years doctrine" has been empirically disproved. According to research by Warshak (2000), and Kelly and Lamb (2001), other things being equal, infants and toddlers – better than many experts once thought – are able to manage and even benefit from overnight periods of placement away

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The attorney for Christine Porcaro, Lanae Harden, has made an unusual request to the Indiana Court of Appeals. The case currently before the court involves an Anderson, Indiana father who lost his parental rights following a child custody modification hearing brought by Porcaro.On 08 November 2010 Master Commissioner George Pancol and Judge Thomas Newman of the Madison County Superior Court

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The case currently before the Indiana Court of Appeals involves an Anderson, Indiana father who lost his parental rights because he "is agnostic".On 08 November 2010 Master Commissioner George Pancol and Judge Thomas Newman of the Madison County Superior Court ruled that Craig Scarberry was unfit to parent his three young children because he had changed his religious preference from Christian to

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Recently I wrote about Christine Porcaro abusing and neglecting her children and how pursuant to the obligation by law imposed upon me I made a report to DCS. In that case DCS took the guided tour and found the allegation to be unsubstantiated. Of course Porcaro lied and the abuse and neglect intensified.So then what is the basis for the horror stories we hear about DCS taking children from good

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I've seen it said that the traits necessary for becoming a successful lawyer are education, concentration, logical thinking, and persuasive writing and speaking. I agree with all of these and contend that there is one additional that applies to the litigants also; good health. Nowhere do I feel this is more important than in a contested child custody action.Not all attorneys and litigants can

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The Indiana Court of Appeals today issued a Stay in the child custody case of agnostic father Craig Scarberry. The case gained worldwide attention because Madison County Superior Court Master Commissioner George C Pancol and Judge Thomas Newman found that Scarberry was unfit to parent his children because he had changed his religious preference from Christian to agnostic. He was stripped of

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Today's posting is a long one but contains valuable information that if you put into practice can make driving safer for all of us and possibly save your life. Much of it goes against the conventional "wisdom" that leads to wrecks and death. So, please read what was initiated by the recent flux of anti-texting while driving legislation.Senate Bill 18 is coming on for hearing on Friday 11

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In a time of persistent high unemployment, rising taxes and government spending cut mandates the last thing we need is for schools to waste money on attorneys. So, in an effort to reduce school spending waste I bring to you a clear and exact explanation of the right to access school records by non-custodial parents.Indiana Code 20-33-7 governs access to a child's school records. Section 2 of

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I want to bring this bill to your attention not because of the bill itself but as a demonstration of why it is necessary for you to be cognizant of the legislation that is pending before the Indiana General Assembly. I have learned the longstanding adage that "the devil is in the details" is nowhere truer than in the legislative process. Quickly, some background on the phrase. The "Random House

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One of the bills on my radar screen is 2011 Indiana House Bill 1167 Employee right to parenting time. The synopsis of the bill is as follows;Requires the employer of a parent to provide parenting time to an employee parent if a court has ordered parenting time during the employee's regularly scheduled hours of employment. Provides for enforcement by the commissioner of labor.At first sight this

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Just yesterday I was writing about Current Child Custody Statistics and Shared Parenting in which I made brief reference to the harms children face in the sole custody of their mothers. While doing so a filing that clearly demonstrates this was being tendered in the Madison Superior Court.I have previously told you about the model parental alienator Christine Porcaro and how she is using and

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In 2007 mothers accounted for the majority of custodial parents (82.6 percent), statistically unchanged from 1994.[fn1] In the USA 40% of all children are growing up completely fatherless.[fn2] Although there has been significant research findings that more father involvement in children's lives is in their best interest it has been ignored by the courts. Much of this developed following a

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Senate Bill 564 was read first time and referred to the Senate Committee on Judiciary on January 20, 2011. The synopsis of this bill is as follows;"Provides that a county domestic violence fatality review team shall review cases in which a person who committed suicide was a victim of an act of domestic violence. Permits a court to require a noncustodial parent who has been convicted of certain

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When a court issues an order there is usually someone who doesn't like it. This is because the charge of the court is generally to decide on conflicts and declare a winner and loser. The losing party often feels that he or she was unjustly sanctioned or denied the requested relief. This shouldn't be surprising though, it is those very feelings that often led to court action in the beginning.I

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Representative Phyllis Pond has introduced House Bill 1119 to the 117th session of the Indiana General Assembly. Here is the synopsis of the bill:Establishes a rebuttable presumption that an award of joint legal custody is in the best interest of a child. Requires a court, if a party seeks to rebut the presumption, to consider: (1) the fitness and suitability of each of the persons awarded joint

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While engaged in a daily workout at the gym I overheard a conversation that was replete with the term 'need' while peppered with a sporadic want. This induced my thinking about what needs people have in general and what my needs are in particular. I feel that often the term need is strewn about without due consideration for what a need actually is. As if the bare essence of being can be fancied

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It's Martin Luther King Day and throughout the country there are memorials, celebrations or other events honoring him. A recurring theme is that of equality and the pursuit of it. As some have sought equality based upon race others seek it based upon gender in child custody cases.Some advocates of mandated 50/50 custody, joint custody, Shared Parenting or whatever name one wants to apply to two

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Over the weekend I was called upon by a parent in southern Indiana for assistance in getting a piece of draft legislation introduced as a bill. The synopsis of the draft reads: Notice to parent, guardian, or custodian. Requires a law enforcement agency that is actively involved in investigating a report of child abuse or neglect or a crime in which a child has been named in the written report of

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Indiana House Representative Bob Cheatham his introduced HB1040 which seeks to remove from judges the discretion, or rather the obligation, to consider a parents' actual financial resources while incarcerated when hearing a petition for a child support payment modification. Cheatam seeks to overturn the ruling by the Indiana Supreme Court in Lambert v Lambert (2008). In my analysis of this bill

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When a judge abuses the position, knowingly violates the law, deprives parties of their rights, is disrespectful to litigants or just makes bad judgments I will attack the integrity of that judge and do so vigorously. Often times with a ferocity that would make the most accomplished and successful businessmen, athletes of artisans jealous. I am a passionate person.I do feel that in life we

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On Friday 07 January 2011 members of the Indiana Custodial Rights Advocates will be at the Madison County Courthouse for an adoption hearing. Madison County is the worldwide focal point of due process and constitutional right violations recently. This case will bring together two of the best; Judge Thomas Newman who feels that agnostic parents are not fit to have custody of children and the

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