Stuart Showalter's Indiana Law Blog


I provide this Blog as a free service to parents, practitioners, and policy makers about matters relating to child custody and well-being.  The content is free to use so long as the work is credited and linked back to the source if re-posted on-line. Some of the more relevant postings are provided below.  These have been sorted by category for your convenience.  


Attorneys, Judges & Court

Getting M.C. Hammered by Incompetent Attorney in Child Custody Proceeding: Appealing a Parenting Time and Custody Order - 13 April 2015

Indiana Appellate Rule 9(A): Timeliness of Notice of Appeal: A primer for attorneys and pro se litigants on the recent opinions for saving a late appeal from jurisdictional dismissal - 13 March 2015

The costs of a Child Custody Battle and Appealing an Indiana Child Support Contempt Finding - 03 March 2015

The Importance of Timing and Preserving Issues for Appeal - 21 August 2014

Should Indiana Attorneys be presumed more competent than pro se litigants? - 23 May 2014

Parental Alienation and Judges who get it by modifying Indiana child custody orders - 09 May 2014

Indiana Supreme Court upholds conviction for public condemnation of players in Indiana child custody case - Interview of Dan Brewington - 01 May 2014

How to win an Appeal of an Indiana Child Custody or Parenting Time Order - 14 April 2014

Is the relationship with your child worth following the Indiana Rules of Appellate Procedure? - 11 April 2014

Indiana Appellate Attorney [Russell B. Cate] Incompetence can Ruin your Child Custody Case - 28 March 2014

Why a Competent Attorney is a Must or How to Stay in Prison - 24 March 2014

Courtroom Procedure: The Facts on the Truth - 19 November 2013

A Failing Attorney-Client Relationship in Child Custody Proceedings - 14 October 2013

Are you hearing what is being said? - 07 October 2013

Just when you thought it was safe to lie on the witness stand - 05 May 2013

Determining the Best Interest of the Child: Obtaining an Attorney that can Effectively Advocate - 22 April 2013

A Judge who violates the Code of Judicial Conduct, two pathetic parents, and what's really important - 12 April 2013

Why Judicial Impartiality is Tantamount - Assault on Judicial Integrity by Child Custody Evaluators - Part XIII - 07 March 2013

Indianapolis Bar Association's Family Law Commitment - Assault on Judicial Integrity by Child Custody Evaluators - Part V - 19 February 2013

Litigation Pays Attorneys more - Assault on Judicial Integrity by Child Custody Evaluators - Part IV - 13 February 2013

Understanding Joint Legal Child Custody: Indiana Law and Lawyers - 21 August 2012

Advising You and Your Attorney in Child Custody Matters - 12 April 2012

How to lose parenting time: Have an attorney that doesn't know Indiana child custody law - 16 June 2011

A mother who refuses to do what is best for her child, modification of custody denied and judicial misconduct - 15 June 2011

How to Lose an Appeal: Indiana Appellate Procedure - 08 June 2011

Indiana Court Times on Unprepared Attorneys - 17 April 2011

When it's time to Appeal, Appeal! - 22 January 2011

Judge David Certo and Judicial Integrity - 06 January 2011

Ex Parte Communication and pro se Litigants - 04 January 2011

Madison County Attorney Jane G Cotton commits FRAUD - 30 December 2010

Pro se Litigant Child Custody Appeals in Indiana - 29 December 2010

Lesson for Judge Newman on how to write findings OR Joint custody for parents who don't agree - 20 December 2010

Judge Pancol Misstates the Law in Custody Case - 02 December 2010

Inviting the government in to micromanage your life - 08 April 2010

Why you should get a second opinion about your lawyer - 28 March 2010

Your attorney is YOU or How to select an attorney - 28 March 2010

Unbundled Legal Services puts you in control and saves money - 01 January 2010

Why an attorney should know caselaw and be able to do math - 04 November 2009

Hendricks Circuit Judge Jeffrey Boles Contempt of Law - 18 October 2009

Social Networking sites making their way into the Courtroom - 26 July 2009

Electronic tracking makes its way into family law cases - 13 July 2009

Part I - Enforcing Your Divorce Decree - 03 May 2009

Part II - Standing up to your Ex-spouse - 05 May 2009

Part III - Seeking Modification of Your Divorce Decree - 09 May 2009

Selecting an Attorney who will Advocate for you - 16 January 2009


Child Abuse and Neglect

A Fit Parent is One Who Beats Her Child - Indiana Supreme Court Justice Steve David - 05 March 2015

In Our Backyard: State Governments Respond to Sex Trafficking of Children - 30 October 2014

Why Judicial Officers must Understand the Elements of Child Abuse - 29 May 2013

Most Parents Encourage Sexual Abuse of Their Children - 20 May 2013

Abuse and Neglect of Children is not Your Problem - 06 June 2012

Divorce does not absolve parents of responsibility - 27 June 2011

Providing opportunities for sexual abuse of children - 25 June 2010

Mother who chained child to bed is arrested - 10 June 2010

US Government establishes child porn network in the name of security - 11 January 2010

Why child pornography is not being fully prosecuted - 19 August 2009

Sex Offender Registration: good for litigation, bad for children - 16 March 2009


Child Custody

Demonstrate sincerity in child custody modification litigation or get hammered with an attorney fee judgment - 09 April 2015

Indiana Court of Appeals upholds trial court’s application of Gender Neutral Standard in Child Custody and Child Support proceedings - 31 March 2015

If this offends you then your child custody case may have a problem - 06 February 2015

Owning your feelings improves child custody decisions: How Dr Phil got it wrong again - 03 February 2015

False Attributions, Groupthink and other Methods of Avoiding Responsibility that lead to Adverse Child Custody Decisions - 02 February 2015

Father gains custody of Mother's child not of the marriage - Indiana Court of Appeals- 17 April 2014

Shared Parenting Time, Joint or Sole Legal Custody, and Joint or Primary Physical Custody: Indiana - 19 March 2014

Why some Non Custodial Parents should be and how not to get help changing that - 07 March 2014

A fully integrated analysis of child custodian behavioural risks when pursuing child custody modification - 26 November 2013

Order of Protection entered against dangerous husband can produce a modification of child custody: IC 31-17-2-8 - 17 November 2013

Coal Powered Cars: A child custody litigation analogy - 09 November 2013

The Maternal Preference in Child Custody Cases: Harm to Women and Children - 01 May 2013

Assessing Parents, Assessing Each Other and Evolving Perceptions in a High Conflict Custody Battle - 11 April 2013

Seven Things Your Nanny Needs to Know About Your Child Custody Terms - 11 September 2012

Violating Joint Legal Custody and the Consequences: CONTEMPT - 30 August 2012

The Best and the Worst - 15 July 2011

A Fake Facebook Page in an Indiana Child Custody Battle - 22 June 2011

Why I may not take your Child Custody Case - 05 March 2011

Being an alcoholic doesn't boost child custody chances - 20 July 2010

Show poor demeanor in court, lose custody - 29 June 2010

Absconding with the children, lose custody - 26 June 2010

Deny parenting time, lose custody - 24 June 2010

How the Court of Appeals erred in denying mother custody - 14 June 2010

Court of Appeals reverses custody award to mother - 11 June 2010

"Garbology" and child custody hearings - 09 March 2010

In re: Sophia G.L. - Paternity, Grandparent Custody, UCCJEA and how it all played out - 08 August 2009

Store Loyalty Cards and Child Custody - 09 July 2009


Child Custody Policy

Some popular Child Support and Child Custody reform proposals and why they are unlikely to be adopted - 02 April 2015

2015 Indiana General Assembly Child Custody and Support Bills - 04 February 2015

The forthcoming ramifications of Artificial Humans and Child Custody decisions - 20 March 2014

Prohibition on Negotiating Parenting Time and Child Support - 28 October 2013

2013 Indiana SB 202 Child Custody Modifications amendments - Legislation Part 19 - 06 February 2013

What is a Non-Custodial Parent [NCP]? - 07 September 2012

Accepting Responsibility and Why I won't take some people as clients - 09 January 2012

Custody of Infants and Toddlers in Divorce or Separation - 18 August 2011

Non-Custodial Parents and School Access - 22 July 2011

Right to Access Child's School Records: Indiana - 29 January 2011

Current Child Custody Statistics and Shared Parenting - 24 January 2011

Due Process requirements to Fathers in Termination and Adoption Proceedings - 05 January 2011

Examining the Standard to Remove Parental Rights - 22 December 2010

Due Process in Custody Case Still Required Regardless of Outcome - 09 December 2010

An Examination of the ORDER in Scarberry v Scarberry - 04 December 2010

The justified child custody double standard - 30 January 2010

What you need to know about your rights before a CPS/DFS case is initiated - 07 February 2009

 

Child Support

Indiana Court of Appeals upholds trial court’s application of Gender Neutral Standard in Child Custody and Child Support proceedings - 31 March 2015

Indiana Court of Appeals Issues Published Opinion on When the Right to Counsel Applies in Child Support Contempt Hearings - 16 June 2014

The Right to Counsel in Indiana Child Support Payment Order Contempt of Court Proceedings - 08 November 2013

The high cost of ignorance and getting a refund of overpayment of child support - Indiana - 30 March 2013

Indiana Prosecutors Help Reduce Child Support Payment Orders - 20 October 2010

Child Support Modification pays for itself - 21 December 2009

Indiana court orders man reimbursed for tax checks stolen by the State Attorney General of Arizona - 06 September 2009

 

Child Support Policy

Some popular Child Support and Child Custody reform proposals and why they are unlikely to be adopted - 02 April 2015

2015 Indiana Child Support Guidelines review scheduled for public comment - 21 March 2015

Indiana Court of Appeals vacates child support order based upon imputed income - 14 May 2014

2014 Indiana Child Support Guidelines Amendments - Parenting Time Credit - 21 February 2014

Update on amending the 2014 Indiana Child Support Guidelines - 14 February 2014

Understanding the Indiana Child Support Guidelines: 2014 Calculation Revisions - 27 January 2014

Bill to Amend Non-Support of a Dependent Child Statute IC 35-46-1-5 - Child Support 2014 Indiana Senate Bill 63 - 18 January 2014

2013 Indiana Senate Bill 0006 Child Support Emancipation - Legislation Part 7 - 23 January 2013

Governor Daniels signs law reducing Emancipation Age in Indiana: Senate Bill SB 18 - 02 April 2012

Indiana Court of Appeals Rejects Judge Pfleging's Make Father Pay Regardless of the Law Plan - 18 April 2011

Mother lives on Child Support: Court knows it - 05 April 2011

Indiana Seeks Alternative to Incarceration for Child Support - 04 October 2010

Man freed from jail after not paying child support - 16 July 2009

College Expenses and Child Support Payments: Indiana - 14 January 2009


Domestic Violence

Res Judicata in a Domestic Violence Protection Order [DVPO] Indiana opinion and its application to Child Custody Modification - Abuse of Civil Protection Order Act - 30 March 2015

GPS Tracking following Domestic Violence conviction - 2014 Indiana Senate Bill 390 - 29 January 2014

Indiana Court of Appeals reverses Domestic Violence supervised parenting time order pursuant to IC 31-17-2-8.3 - 29 November 2013

Indiana Civil Protection Order reform - DVPO notice IC 34-26-5 - 31 October 2013

Societal Acceptance of Domestic Violence Against the Most Vulnerable - 10 October 2013

Attorneys must assist judges to ensure that Domestic Violence Protective Orders are Child Friendly - 02 May 2013

Determining the Best interest of the Child: Domestic Violence Restraining Orders and Settlement Agreements - 20 April 2013

Another example of Domestic Violence bias against men - or - Why the American Bar Association seeks to perpetuate Domestic Violence and how it is

covertly accomplished - 24 March 2013

Last night's Home Invasion, Child Abduction, Domestic Violence attack, Arrest and me - 18 June 2011

So I get called to a Domestic Violence situation - 03 April 2011

Civil Protection Orders in Child Custody Proceedings - 04 March 2011

If you are really against Domestic Violence - 13 May 2010

False Allegation of DV and Bogus Restraining Orders Harm Men, Women and Children - 25 July 2009

The Spurned Woman Who Cried Domestic Violence - 04 July 2009

Woman who used protective order to keep father away from children for two years stabbed to death - 24 June 2009

Battered Mothers Custody Conference - 11 January 2009

 

Gender Issues

A Fit Parent is One Who Beats Her Child - Indiana Supreme Court Justice Steve David - 05 March 2015

Another insult to females cloaked in praise - 26 December 2014

The reasons that men, especially fathers vying for child custody, should be supporting feminism - 09 April 2014

Girls are Defeating Women in Business, Politics and Law - 17 February 2014

A girls night out: Sexism, racism, and other forms of discrimination endured by societal demand - 21 December 2013

Indiana Court of Appeals grants child visitation to same sex / gender partner following separation - 13 November 2013

Overcoming Bias Against Men to Win an Indiana Child Custody Proceeding - 26 January 2013

Liberty Mutual Insurance promotes cultural bias to keep fathers from having custody of children - 06 August 2012

Psychology book review - A demonstration of bias against fathers - 07 July 2012

Opinion from Judge Kirsch on Depriving Children of a Father - 24 March 2011

Pro Mother Child Custody Bias Still Very Alive in Indiana - 03 March 2011

Court of Appeals upholds a PO against a woman!!! - 30 June 2010

The status of Fatherhood - 20 June 2010

And you wonder why some people think women are only after support money - 02 February 2010

Senator Evan Bayh and Responsible Fatherhood - 26 June 2009


Health & Well-Being: Children

Driving Children To School, Teaching Risk Aversion: Another harm to Children - 15 March 2014

Parents and Grandparents of Today's Youth are Stabbing Them in the Back - 06 November 2013

Revelations at the 2013 Indiana Infant Mortality Summit - 02 November 2013

The Objective Morality Applied to Contested Child Custody Cases: A Strategy for Obtaining Parenting Time and your Child's Well-Being - 13 May 2013

The Most Dangerous “Food” with which your child may be being poisoned - 29 October 2012

Are you being tricked into harming your children and yourself? - 15 June 2012

Does the American Work Schedule Harm Children? Part 1 of 3 - 07 November 2011

Does the American Work Schedule Harm Children? Part II - 14 November 2011

Does the American Work Schedule Harm Children? Part III - 28 November 2011

Why Students should NOT place primary importance on Academic Achievement - 06 June 2011

Empowering Your Children: Intact or Broken Families - 08 April 2011

Parental Alienation and Child Custody decisions - 18 March 2011

Inducing premature puberty in girls: precocious puberty - 08 March 2010

Food Dyes, ADHD and child custody - 29 August 2009

Help for teachers and care-givers to recognize and address divorce related stress in children - 22 July 2009

Why your children need education instead of training - 03 July 2009

 

Health & Well-Being: Generally

Elements of a strong marriage: Arguing - 21 January 2015

Each Day I Die: Finding Wellness in Child Custody Conflict - 21 December 2013

A Healthy perspective on Health Care - 22 November 2013

Is it Cold and Flu Season for You - 03 December 2012

Timing, Opportunity and Moving Forward in Life - 26 November 2012

The 15 Minute, 5-step Easy Fitness Quiz - 14 November 2012

Autumnal Equinox, fundamentals of action, and easy weight loss - 23 September 2012

The harmful effects of the USDA Food Pyramid - 31 July 2012

The Easiest Thing I've Ever Done: Month Two - 02 March 2012

Working on my weight management: Month One - 06 February 2012

Abandoning my automobile - 24 January 2012

An effective weight loss plan - 13 June 2011

Molding your lifestyle to win a child custody battle - 07 March 2011

Why the health of you and your attorney is important in child custody litigation - 24 February 2011

My Top 10 Priorities - 20 January 2011

 

Health & Well-Being: Mental

Why the Indiana Court of Appeals rejected a proposal by therapist Theresa Slayton and the hazard of incompetent MHPs in child custody proceedings - 20 February 2015

25 Years ago today I Died - 31 May 2014

National Childrens Mental Health Awareness Day - 09 May 2013

Doing What's Right When You are Under Attack - 04 April 2013

Obesity as a Factor in Indiana Child Custody Decisions - 08 March 2013

There is one universal excuse - Use it frequently - 22 December 2012

Being set up for failure, disappointment and self-defeating beliefs again - 09 November 2012

Some Musings on Marriage - 23 January 2012

What's your New Year's Resolution? - 01 January 2012

The Real Reason Why New Year's Resolutions Fail - 17 August 2011

 

Mediation and Cooperation

Asking for what you want in your child custody case to achieve an agreement - 29 January 20

Understanding when a child tells you that you are doing wrong by alienating the other parent: Parental Alienation - 10 March 2014

Successfully mediating a high conflict Indiana child custody case which has been repeatedly contested - 18 February 2014

The perspective for a successful child custody agreement - 25 April 2013

Drafting Your Own Child Custody Agreement / Order - Indiana - 27 March 2013

Overfilled oil in Indiana, Missouri Band Competition, and the Best Interest of the Child Standard - 23 March 2013

Letting Children Decide Parenting Time - 14 April 2011

New Published Opinion on Arbitration and Child Custody - 18 December 2010

What is mediation? - 01 September 2009


Parenting Time

 

Indiana Court of Appeals affirms that having Father’s role in child’s life continually diminished by Mother is not in the child’s best interests; Two petition to relocate denials upheld - 26 March 2015

Indiana Court of Appeal Reverses Shared Parenting Order Today- 22 April 2014

Contempt of Court Jail Sentence when Child Refuses Parenting Time Upheld: Indiana Court of Appeals - 15 April 2014

Indiana Court of Appeals Reverses Primary Parenting Time Modification from Mother to Father - 08 April 2014

My new article on Shared Parenting provides an intersectional review of a consensus report by Richard A Warshak and the Woozle Effect by Linda Nielsen along with my clinical observations - 27 February 2014

Self-Imposed Parental Alienation - 23 November 2013

Notice of Intent to relocate - Indiana Code 31-17-2.2 et seq - 11 June 2013

Parenting Time Exchange Protocol - Indiana Parents, Practitioners and Judges - 16 May 2013

The Objective Morality Applied to Contested Child Custody Cases: A Strategy for Obtaining Parenting Time and your Child's Well-Being - 13 May 2013

Determining the Best interest of the Child: Conflict of Interest in Supervised Parenting Time - 18 April 2013

Interference with Child Custody: Parenting Time - 23 March 2011

Indiana Court of Appeals Orders Shared Parenting Against Parents Wishes - 06 August 2009

More than Grades: Homework also used to Determine Child Visitation - 28 July 2009


Spirituality and Morality

You may do whatever you want to your body - a valid proof against moral proscriptions - 11 March 2015

Experiences without attachment is living - 18 February 2015

25 Years ago today Judge Sarah Evans Barker sentenced me to Life - 25 January 2015

The Best Disinfectant for your Life, Home and Child Custody Proceeding - or - The use of Morality in Child Custody Cases - 17 April 2013

The Morality of Wrong - 29 February 2012

Children are NOT a Gift from God! - 26 February 2012

Who is God? - 18 February 2012

Consciousness and Demon Slaying - 26 January 2012

Attaining Justice and Happiness - 22 April 2011

Indiana Court of Appeals issues Stay in Scarberry Child Custody case - 15 February 2011

 

Thinking and Logic

Electric Cars, Child Sexual Abuse, and the Absence of Logic - 12 January 2015

Let's talk about Price, Value and Costs - 19 September 2013

Common Core, Location and the Best Interest of Your Children - 09 August 2013

Where the Truth Lies - 08 May 2013

Making a logical argument in a child custody proceeding - 12 March 2013

Natural, Man-made and Free thought - 10 February 2013

Be wary the selection of words - 20 January 2013

The Subtle Art of Communication - 07 August 2012

Movie patrons responsible for their own deaths - 21 July 2012

The Underlying Hope That Leads People to Deny Their Potential - 28 April 2012

Gas prices, shallow relationships and community - 03 March 2012

Showering, cleanliness, soaps and false presumptions - 07 February 2012

Managing time to make more time - 13 January 2012

Lying to Children - Breaking Bonds of Trust - 25 December 2011

What is in a guarantee? or Do you hear what is said or what you want to hear? - 19 December 2011

The Benefits of High Unemployment - 29 October 2011

Unintended Consequences: The Success Paradigm - 01 August 2011

On-Line Background Check and Faulty Reasoning - 20 July 2011

The BIG PICTURE: Respect for Law and Texting while Driving in Indiana? - 23 June 2011

The Safety in Texting While Driving - 10 February 2011

Death Penalty for Drunk Driving - 20 April 2010

Some thoughts on marriage - 04 January 2010

This side Up? - 15 October 2009

When using Facebook can lead to prison - 07 October 2009

 

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