Brazill Hester PC FindLaw IM Template 2026-03-30T13:49:39Z https://www.brazillhester.com/feed/atom/ WordPress /wp-content/uploads/sites/1100855/2019/04/cropped-siteicon-32x32.jpg On Behalf of Brazill Hester PC <![CDATA[When is guardianship necessary for an aging parent?]]> https://www.brazillhester.com/?p=49593 2026-03-30T13:49:39Z 2026-03-30T13:49:39Z When does your parent need a guardian? You might notice your parent forgets to pay utility bills. Sometimes they skip meals or fall for phone scams. These signs suggest they can no longer manage daily safety or health needs. Because of this, Indiana courts treat guardianship as a final option. You should explore this path only when your parent refuses help.

Why you should consider other options first

A power of attorney often solves these problems if your parent still thinks clearly. Your parent chooses an agent to help with money or health decisions. As a result, this keeps control with your parent and stays out of court. However, a power of attorney fails if your parent cannot sign the documents. Family conflicts also block cooperation. Under Indiana law, banks must accept valid power of attorney forms. If they refuse, you can seek a court order to force their cooperation.

How you start the Indiana court process

First, you begin by filing a petition in the county where your parent lives. The court requires clear facts about your parent’s specific needs. Next, you must give formal notice to your parent and close relatives. Indiana law protects your parent’s rights during this time. Specifically, the judge will appoint a Guardian Ad Litem. This person acts as an independent advocate for your parent’s best interests. Then, they meet with your parent and report back to the judge.

Preparation steps for your hearing

There are specific documents and evidence necessary to present to judge during the hearing.
  • Gather medical notes and care records from doctors
  • Collect examples of safety or financial problems
  • List all family members who require legal notice
  • Draft a care plan and a detailed budget
  • Request limited powers to keep your parent independent
After you finish these steps, the judge decides which powers make the most sense. Having legal support will ensure that you have what you need for the presentation and will give you the edge to fulfill the requirements without confusion.

Protecting your family bond

Guardianship becomes necessary when risks rise and other tools fail. You must gather records, file in court and prepare for the hearing. Ultimately, a thoughtful plan reduces conflict and keeps your parent’s dignity in focus. Family stories and guidance from grandparents still strengthen the whole household.]]> On Behalf of Brazill Hester PC <![CDATA[What are the types of child custody arrangements in Indiana?]]> https://www.brazillhester.com/?p=49591 2025-12-31T10:39:06Z 2025-12-31T10:39:06Z Sole custody When you have a sole custody order, it means that you will be the only one who has physical and legal custody of your children. In this custody arrangement, your children will live with you and be raised according to your values and beliefs. Since you have sole custody over your kids, you also have no obligation to consult with your ex-partner about decisions regarding their upbringing. However, there are also cases where your ex-partner can be awarded by the court with supervised visits.

Joint custody

When you and your ex-partner both have legal custody of your children but not equal physical custody, this setup is known as joint custody. In this arrangement, your children will live with either you or your ex-partner majority of the time. The other one will be following the court-approved parenting time schedule. Since you both have legal custody, you can work in harmony in sharing important decisions about your kids’ upbringing.

Shared custody

When you and your ex-partner both have legal custody and equal physical custody of your children, this setup is known as shared custody. In this arrangement, your children will spend an equal amount of time living with each of you. Like joint custody, both you and your ex-partner can collaborate on important decisions that pertain to your kids’ upbringing.

Your children will be okay

By understanding your rights and learning about the diverse types of custody arrangements in Indiana, both you and your ex-partner can make informed decisions about your children’s post-separation living arrangements.]]> On Behalf of Brazill Hester PC <![CDATA[Your business vs. your divorce: 3 emotional mistakes that can cost you both]]> https://www.brazillhester.com/?p=49589 2025-09-22T15:25:03Z 2025-09-22T15:25:03Z Mistake 1: Refusing to cooperate on valuation While it is tempting to resist a business valuation, Indiana law often treats a business as a marital asset. Refusing to cooperate is counterproductive, leading to higher legal fees, unnecessary hostility and a loss of credibility with the court. A pragmatic, cooperative approach to valuation saves time and money while allowing you to maintain more control over the outcome.

Mistake 2: Hiding assets or obscuring finances

The impulse to conceal assets or provide an incomplete financial picture can be strong during a divorce. However, this is a significant error, as the law demands full disclosure. If a court discovers a lack of transparency, it can issue severe financial penalties and may award a larger portion of the marital estate to your spouse. In the end, complete honesty is not just an ethical requirement; it is a vital part of your legal strategy.

Mistake 3: Sacrificing everything else to save the business

An intense focus on keeping the business untouched can lead some owners to trade away other major assets, like the family home or retirement funds. This may feel like a victory, but it can result in a devastating financial outcome, leaving you “business-rich but cash-poor.” A fair settlement involves looking at the entire financial picture and all options for dividing marital property.

Applying business sense to your divorce

The same logical thinking that built your business is what you need to navigate your divorce. If you are a business owner facing a divorce, consider speaking with a dedicated family law attorney to protect what you have built. An experienced attorney acts as a clear-headed advisor, helping you separate emotional impulses from sound legal strategy.]]> On Behalf of Brazill Hester PC <![CDATA[Are child wishes considered in Indiana child custody cases?]]> https://www.brazillhester.com/?p=49587 2025-06-19T04:08:00Z 2025-06-19T04:08:00Z Understanding Indiana custody laws Indiana has adopted the Uniform Child Custody Jurisdiction and Enforcement Act. This ensures uniformity in custody laws across most states. The law allows joint custody, meaning parents can share legal and physical responsibilities. Grandparents also have visitation rights under Indiana law. Importantly, Indiana courts consider the wishes of the child when making custody decisions.

How courts weigh a child's wishes

Indiana courts focus on the child's best interests during custody hearings. They examine factors like the child's safety, emotional well-being, and stability. The child's relationship with siblings and consistency in education and community life are crucial. By the age of 14, children can express their custody preferences in court. Their opinions can influence the judge's decision, but the child's wishes are just one of many factors considered.

Factors influencing custody decisions

While a child's preference is important, other elements play a role. The court looks at which parent can best meet the child's daily needs. This includes physical, emotional, developmental, and educational aspects. The court assesses each parent's ability to provide a stable, nurturing environment. History of substance abuse, physical abuse, or criminal convictions may affect custody outcomes. The goal is a decision that supports the child's long-term welfare. Child custody matters can be complex and emotionally challenging. Consulting a family law attorney in Indiana can provide valuable insights and support. Professional legal advice helps navigate custody proceedings and ensures informed decisions. Indiana considers a child's wishes in custody cases, but these are part of a broader evaluation focused on the child's best interests. Understanding these laws helps parents and guardians make informed choices during custody disputes.]]> On Behalf of Brazill Hester PC <![CDATA[What happens with the house in a divorce?]]> https://www.brazillhester.com/?p=49585 2025-04-12T01:30:35Z 2025-04-12T01:30:35Z Dividing property during a divorce can feel overwhelming, especially when the family home plays a central role. The house often carries both emotional and financial weight.  Understanding how Indiana law treats real estate helps you make informed decisions.

Indiana is an equitable distribution state

Indiana follows equitable distribution, meaning the court divides marital property in a way that feels fair, not necessarily equal. If you and your spouse bought the house during the marriage, the court usually considers it marital property. Even if one of you purchased the home before the marriage, it may still count if both spouses used it or helped increase its value. When both spouses contribute to the home, the court might award it to one person and assign other assets of similar value to the other. You could also agree to sell the house and split the proceeds. Either way, the court works toward a fair result.

The role of house value in divorce

The home's value plays a key role in property division. A thorough appraisal shows the house's fair market value. If one spouse keeps the house, they usually buy out the other's share. That buyout might come from cash, retirement funds, or other property. Precise valuation ensures that both sides receive a fair share. Since real estate often makes up a large part of the total estate, accurate numbers matter.

Working together can ease the process

Divorce brings stress, but working together can make things smoother. When both sides agree on the house’s value and how to divide it, you can lower legal costs and ease tension. If you and your spouse stay respectful, you can handle housing issues more quickly. Some couples choose mediation to handle property division. This option gives both of you more control and helps protect long-term family relationships.

Finding the best outcome for your situation

Every divorce looks different, and so does every decision about a shared home. Whether you keep the house, sell it, or exchange it for other assets, your decision should reflect your situation and follow Indiana law.]]> On Behalf of Brazill Hester PC <![CDATA[What happens to retirement savings in an Indiana divorce?]]> https://www.brazillhester.com/?p=49582 2025-01-09T20:37:00Z 2025-01-09T20:37:00Z Retirement savings are often one of the most significant assets divided in a divorce. In Indiana, these assets are subject to equitable distribution, which means the division aims to be fair but not necessarily equal. Understanding how courts handle retirement accounts can help ensure a fair outcome.

Retirement savings as marital property

Indiana courts consider most retirement savings accumulated during the marriage as marital property. This includes 401(k) accounts, pensions, and IRAs. Even if only one spouse contributed to these accounts, they are subject to division. Contributions made before the marriage are typically considered separate property and may not be divided, depending on the circumstances. Courts consider several factors when dividing retirement accounts, such as the length of the marriage, each spouse’s financial situation, and contributions to the marriage. The goal is to achieve a fair outcome that accounts for each party’s needs.

Dividing retirement accounts

Dividing retirement accounts requires careful planning to avoid penalties or tax consequences. For example, a Qualified Domestic Relations Order (QDRO) is often used to divide 401(k) or pension plans without triggering early withdrawal penalties. IRAs, on the other hand, may not require a QDRO but still need to follow specific procedures to transfer funds. The division process may also involve offsetting assets. For example, one spouse may keep the retirement account while the other receives an asset of similar value, such as the marital home. This approach helps simplify the division process.

Planning for financial stability

Retirement savings are a vital part of future financial security. Ensuring these assets are divided fairly helps both parties plan for their long-term needs. Understanding how courts view retirement accounts and working within the legal framework can help achieve a fair resolution for both spouses.]]> On Behalf of Brazill Hester PC <![CDATA[How can parents support their child during supervised visits?]]> https://www.brazillhester.com/?p=49579 2024-10-02T15:03:33Z 2024-10-02T15:03:33Z Supervised parenting time can be a challenging experience for both parents and children. However, parents play a crucial role in making the experience positive and supportive for their child.

Maintain a positive attitude

Children pick up on their parents' emotions. Parents should remain calm and positive during supervised visits to create a comfortable environment for their child. Demonstrating a positive attitude helps reduce anxiety and shows the child that the time together is valuable.

Engage in meaningful activities

Parents can make supervised visits enjoyable by engaging in activities that are meaningful to the child. Whether it's playing games, reading books, or simply talking, engaging with the child strengthens the bond and provides a sense of normalcy. Choosing activities that the child enjoys can also make the visits feel more natural and less structured.

Communicate effectively

Effective communication is essential during supervised visits. Parents should actively listen to their child, showing interest in their thoughts and feelings. Open, age-appropriate conversations help the child feel heard and valued. Parents can also use this time to teach valuable life skills, such as problem-solving and conflict resolution, through communication.

Respect boundaries and the supervision process

Respecting the rules and guidelines during supervised parenting time is crucial for maintaining a healthy child custody arrangement. Parents should adhere to the supervisor’s instructions and maintain proper behavior throughout the visits. Compliance with these boundaries builds trust with the involved authorities and shows a commitment to the child's well-being. This can increase the chances of progressing from supervised to unsupervised parenting time.

Focus on the child’s well-being

Above all, parents should prioritize their child’s emotional well-being. Supervised parenting time can be a source of stress, so showing love, support, and understanding throughout the process helps ensure the child’s overall well-being. Supervised parenting time presents a unique opportunity for parents to foster a healthy and supportive relationship with their child. By staying engaged, respectful, and focused on the child's well-being, parents can make these visits more positive and enriching for everyone involved.]]> On Behalf of Brazill Hester PC <![CDATA[What influences a judge to approve parental relocation?]]> https://www.brazillhester.com/?p=49577 2024-07-05T19:15:40Z 2024-07-09T19:15:21Z When a parent wishes to modify child custody orders to relocate with their child, the decision to approve or deny the request can significantly impact the child's well-being.  In Indiana, judges consider several important factors when making this decision.

Best interests of the child

The child's best interests are always the primary consideration in parental relocation cases. Judges look at how the move will affect the child's physical, emotional, and educational needs. They assess whether the relocation will improve the child's quality of life, such as better schools, safer neighborhoods, or access to extended family.

Impact on relationships

Judges evaluate how the move will affect the child's relationship with the non-relocating parent. Maintaining strong bonds with both parents is important for a child's development. The court examines if the move would disrupt this relationship and whether reasonable visitation arrangements can preserve it.

Reason for the move

The parent’s motive for relocating is another key factor. Judges consider if the move is for valid reasons, such as a job opportunity, better living conditions, or to be closer to family. If the court suspects the move is intended to interfere with the other parent’s visitation rights, it may deny the request.

Child’s preference

In Indiana, a child’s preference is considered if the child is of sufficient age and maturity to express a reasoned choice. While the child's wishes are not the deciding factor, they contribute to the overall assessment.

Stability and continuity

The court examines the stability and continuity of the child’s current environment. Judges look at how long the child has lived in their current home, attended the same school, and participated in community activities. Disrupting this stability is a significant consideration.

Feasibility of visitation

Judges also consider whether the non-relocating parent can maintain frequent and meaningful contact with the child. This includes assessing travel costs, distances, and the availability of electronic communication methods. Judges in Indiana carefully weigh these factors to ensure that the decision to modify the parenting plan serves the best interests of the child, balancing the benefits of the relocation against the potential impacts on the child's relationships and stability.]]> On Behalf of Brazill Hester PC <![CDATA[How is a family business divided in an Indiana divorce?]]> https://www.brazillhester.com/?p=49575 2024-04-16T23:18:33Z 2024-04-16T23:18:33Z Assessing the value Determining the value of the business is the first step. This process requires conducting a thorough evaluation of assets, liabilities and potential future earnings. Couples may hire professional appraisers to provide an accurate assessment.

Equitable distribution

In Indiana, the court divides marital assets equitably, which does not always mean equally. Instead, the court strives for a fair distribution based on various factors, including each spouse’s contributions to the business, their financial circumstances and the length of the marriage.

Buyout or co-ownership

Once the couples determine the value, they must decide how to divide the business. They can choose a buyout option where one spouse purchases the other’s share. Alternatively, they can opt to continue co-owning the business with a clear agreement outlining each party’s rights and responsibilities moving forward.

Mediation and negotiation

For help deciding what to do, couples may engage in mediation or negotiation sessions. With the guidance of a neutral third party, they can work towards a mutually acceptable solution. If spouses cannot agree, the court may intervene, and a judge will issue a ruling. Knowing how family businesses get divided in an Indiana divorce can help divorcing spouses navigate the process more effectively.]]> On Behalf of Brazill Hester PC <![CDATA[New Indiana Child Support Guidelines]]> https://www.brazillhester.com/?p=49556 2024-01-30T05:17:51Z 2024-01-30T05:17:51Z
  • What was once known as the “6% Rule” has been removed from the Guidelines. This rule required the parent receiving child support to pay uninsured medical expenses up to a specific amount before the other parent needed to contribute. Although this rule will remain in effect if your pre-2024 agreements and/or orders reference it, going forward the courts will divide uninsured medical expenses from the first dollar according to the parents’ income shares.
  • The formulas used in child support calculations have been updated based on current economic information, since the prior system was largely based on economic data from the 1970s. in our experience so far, these new formulas are usually leading to slightly higher calculations, meaning an increase or decrease to a parent’s income may have a larger effect on the child support figure than it would under the prior formulas.
  • Similarly, the formulas have also been updated to be more precise in calculating the overnight credit, allowing for the credit to be calculated for split custody arrangements, or when parents exercise different overnight schedules with their children.
    • These are only some of the many changes made to the Indiana Child Support Guidelines. If you have further questions or would like to discuss a potential modification of child support, please contact Brazill Hester today!]]>