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We Fight for your Rights at Wiesneth Family Law Offices in Evansville, Indiana.
At the Wiesneth Law Offices, we understand that family issues arise and are sometimes sensitive and need to be handled with care and discretion. Do you have a legal need involving Divorce, Child Custody, Paternity, Adoption, or Child Support? Wiesneth Law can help. Learn more about our Family Law Services below, or Schedule a FREE CONSULTATION with Wiesneth Law today!
The purpose of the legal process of divorce is to end the legal relationship of a marriage. Indiana has no fault divorce, in that neither party has to prove that their spouse did something wrong to obtain a divorce. The party who wants the divorce only has to state that the marriage is irretrievably broken. Even if one party does not want a divorce, there is really nothing that they can do to stop it. As part of the divorce process, matters incidental to the divorce, such as child custody, parenting time, child and spousal support, property and debt division, and attorney fees will also be determined.
In Indiana, there is both physical custody and legal custody. Legal Custody is the right to make major decisions involving your childrens educational and religious training and medical care. Physical Custody is where the children live. The party that the children live with makes the day-to-day decisions involving the children, such as what time they do their homework and go to bed. Most parties share joint legal custody with one party having the primary physical custody. However, more and more, parties are embracing a joint physical custody arrangement that attempts to work with everyones schedule and be in the best interest of the children.
Paternity is the process of legally establishing the identity of the biological Father of a child born out of wedlock. Typically, the Mother, Father, or County Prosecutor file a Petition to Establish Paternity in the Juvenile Court and a hearing is scheduled. At this initial hearing, the Father may admit or deny paternity.
Adoption is the process of assuming the parenting for another, and the process permanently transfers all rights and responsibilities from the original parent or parents. There are different types of adoption with relative and step-parent adoptions being the most common.
Child support in Indiana is determined by following a mathematical formula outlined in the Indiana Child Support Rules and Guidelines. The formula requires each partys weekly gross income, the number of children, any subsequent children for either party, any existing child support orders, the cost of any health insurance and daycare expenses, and the number of overnights of the noncustodial parent. The result of using the formula, a weekly child support amount, is presumed to be the correct amount.
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