Representing Yourself In Divorce - Indiana Divorce Law

The saying goes "he who represents himself has a fool for a client."  I cannot recommend that you represent yourself in a divorce action.  But, I am a divorce lawyer  so of course that is what I am going to say, right?  Consider the Indiana Court of Appeals comment in a custody matter:

We encourage parties facing issues involving the custody of children to obtain counsel to aid in the litigation of custody disputes. Because the court's order has such a profound effect on the lives of the parties and their children, we cannot emphasize enough the importance of presenting sufficient evidence and developing an adequate record.

I have written about the self-service resources available via the Indiana Supreme Court website here. 

Recently, the Hamilton County Courts published a manual for individuals representing themselves.  While some of the rules referenced in the manual are specific to Hamilton County, most of the manual is not.  It does a good job of describing the manner in which a non-lawyer is expected to conduct him/herself when dealing with the court and opposing parties.  If you are considering representing yourself I encourage you to read it.   

If you would like to discuss this further, please contact me here. 

Repudiation of Parent - Child Relationship – Indiana College Expense & Child Support Law

In a recent case the Court of Appeals reviewed the legal standard for repudiation of a parent relationship by a child and the effect of the repudiation on that parent’s obligation to provide college expense support. 

Repudiation of a parent is “a complete refusal to participate in a relationship with his or her parent.” Norris v. Pethe, 833 N.E.2d 1024, 1033 (Ind. Ct. App. 2005) (citingBales v. Bales, 801 N.E.2d 196 (Ind. Ct. App. 2004), trans. denied). Under certain circumstances, repudiation will obviate a parent’s obligation to pay certain expenses for the child, including college expenses. Norris v. Pethe, 833 N.E.2d 1024.

The Court explained the reasoning behind the repudiation doctrine:

“[W]here a child, as an adult over eighteen years of age, repudiates a parent, that parent must be allowed to dictate what effect this will have on his or her contribution to college expenses for that child.” McKay v. McKay, 644 N.E.2d 164, 166 (Ind. Ct. App. 1994) (citation omitted). Moreover, adult children who willfully abandon a parent must be deemed to have run the risk that such a parent may not be willing to underwrite their educational pursuits. Such children, when faced with the answer ‘no’ to their requests, may decide to seek the funds elsewhere; some may decide that the time is ripe for reconciliation. They will not, in any event, be allowed to enlist the aid of the court in compelling that parent to support their educational efforts unless and until they demonstrate a minimum amount of respect and consideration for that parent.”

Id. at 167 (quotation omitted).

At What Age Can I Leave My Child Home Alone? - Indiana Juvenile and Custody Law

What is the minimum age to leave a child home alone?  

Most states do not have a minimum age.  However, in states that do have a minimum age it ranges from 8 to 14.  In Indiana, there is no minimum age, rather the answer is "it depends".  According to the Indiana Department of Child Services brochure appropriately titled "Home Alone", "[t}here is no right answer for every child. There is no magic age when a child suddenly becomes responsible and mature. But there are ways to evaluate your child’s capabilities in order to make a more informed decision."

The brochure includes some interesting statistics:

• Nearly 4.5 million children ages 14 and under are injured in the home every year.
• The vast majority of unintentional injury-related deaths among children occurs in the evening hours when children are most likely to be out of school and unsupervised.
• Children are most likely to be victims of violent crimes by non-family members between the hours of 2:00 p.m. and 6:00 p.m.
• Violent juvenile crimes triple between the hours of 3:00 p.m. and 8:00 p.m

Lastly, the brochure offers a "self-test" of questions and issues for parents to consider.   The questions include:

1. Is your child mature enough to be home alone? 
2. Can your child handle fear, loneliness, and boredom? 
3. Is there a responsible adult nearby—a relative or a neighbor—who your child can call for assistance?
4. Does your child know emergency procedures? 
5. Have you reviewed fire escape routes? 
6. Is there a first aid kit available, and does your child know how to use it? 
7. Does your child perform everyday tasks such as fixing a snack, dialing the phone, and writing messages?
8. Does your child regularly solve small problems without assistance, knowing when it’s okay to ask for help?  
9. Does your child manage conflicts with/among siblings without adult help? 
10. Is your child comfortable with the idea of staying alone? 

If this topic is important to you I encourage you to review the entire brochure. Also, there is a website with resources for "latch key kids" here.