Law Office Of Danielle Gregory FindLaw IM Template 2026-05-28T15:59:33Z https://www.daniellelawoffice.com/feed/atom/ WordPress /wp-content/uploads/sites/1103571/2023/12/cropped-danielle-site-icon-32x32.png On Behalf of Law Office Of Danielle Gregory <![CDATA[What could disqualify you from adopting a child in Indiana?]]> https://www.daniellelawoffice.com/?p=47616 2026-05-28T15:59:33Z 2026-05-28T15:59:33Z Criminal background Your criminal record can strongly affect adoption approval. Indiana requires background checks for all adoptive parents. Certain criminal convictions may disqualify you from adoption. This generally includes:
  • Violence
  • Child abuse
  • Neglect
  • Sexual offenses
Felony convictions involving violence or crimes against children often create serious concerns. Drug offenses may also affect adoption approval. Much depends on the type of offense and when it happened. However, not all criminal records automatically disqualify you. The age of the offense, the specific crime and proof that you changed your behavior may affect the decision. Agencies may look at how long ago the offense happened and whether you made positive changes afterward.

Health and lifestyle considerations

Agencies also review your physical and mental health. While having a medical condition does not automatically disqualify you, agencies look at whether you can provide stable care for a child Untreated mental health or substance abuse problems may raise concerns about your ability to care for a child. Financial problems may also affect adoption approval. You do not need to be wealthy, but you must be able to meet a child’s basic needs. This typically includes food, shelter, clothing and healthcare. Unstable housing situations or significant financial difficulties might delay or prevent approval until your circumstances improve.

Home environment and personal factors

Courts also look at whether your home is safe for a child. Unsafe living conditions, overcrowding or limited space may create problems during the adoption process. The home study checks whether your home is safe and supportive. Past involvement with child protective services may affect adoption approval. This is especially true if your parental rights were terminated before. Additionally, giving false information during the application or failing to cooperate with required assessments may result in disqualification.

Age and relationship status requirements

Indiana has rules about the age and marital status of adoptive parents. You must be at least 18 years old. Many agencies prefer parents to be much older than the child they want to adopt, typically by at least 10 years. Indiana law generally permits adoption by married couples and single individuals. In some cases, courts and agencies may also allow unmarried couples to petition. Same-sex couples have the same adoption rights as opposite-sex couples under Indiana law. If you are married, both spouses generally must consent to and participate in the adoption unless you are adopting your spouse's biological child. Some private agencies may have preferences regarding marital status or family structure, but state law does not prohibit adoption based on these factors. However, agencies do evaluate the stability of your relationship and your support system when determining your suitability as an adoptive parent.

Your knowledge can protect your adoption rights

Understanding Indiana’s adoption requirements can help you prepare for the process and address potential concerns before they affect your eligibility. When you demonstrate stability, honesty and the ability to provide a safe and supportive home, you strengthen your chances of approval. Taking the right steps can help you move closer to building your family.]]> On Behalf of Law Office Of Danielle Gregory <![CDATA[What happens when your spouse is also your business partner in a divorce?]]> https://www.daniellelawoffice.com/?p=47614 2026-04-28T11:43:31Z 2026-04-28T11:43:31Z Understanding your business structure matters The way your business is legally structured can significantly impact how it is handled during divorce proceedings. Whether you have an LLC, partnership or corporation, each structure comes with different implications for asset division. You may want to review any existing partnership agreements or operating documents you signed when forming the business. These documents might already contain provisions about what happens if partners divorce. Consider having your business professionally valued. A neutral third-party valuation can help prevent disputes about what the company is worth. This step becomes especially important if one spouse wants to buy out the other's interest. It also applies if you are considering selling the business entirely.

Exploring your options moving forward

You have several paths you might take when dealing with a jointly owned business during divorce. Some couples manage to continue working together professionally despite their personal separation. While this isn't for everyone, it can work if you both remain committed to the business's success and can maintain professional boundaries. Another option involves one spouse buying out the other's share of the business. This allows one person to maintain full control while the other receives fair compensation for their ownership stake. Alternatively, you might decide to sell the business to a third party and divide the proceeds. Some divorcing couples choose to gradually transition ownership over time rather than making immediate changes. This approach can help maintain business stability and preserve its value.

Protecting what you have built

Throughout this process, you may want to keep detailed financial records and maintain transparency. Consider documenting all business transactions and keeping personal and business finances separate. Remember, every situation is unique. What works for one couple might not work for another. The key is finding a solution that protects both your financial interests and allows your business to thrive, even after your marriage ends.]]> On Behalf of Law Office Of Danielle Gregory <![CDATA[How does Indiana divorce work when you cannot find your spouse?]]> https://www.daniellelawoffice.com/?p=47612 2026-04-10T07:36:50Z 2026-04-10T07:36:50Z Serving a missing spouse through publication When you cannot locate your spouse through normal means, Indiana courts may authorize an alternative method of notice called service by publication. Under this process, you publish a legal notice in a newspaper of general circulation in the county where you filed your case, effectively putting your partner on notice through a public channel rather than direct delivery. The notice must appear once per week for three consecutive weeks. It includes basic information about the case, such as the names of the parties and the nature of the legal action being filed. Service by publication is not something courts grant automatically. The state treats it as a last resort, and you may only request it after demonstrating that other reasonable efforts to find your partner have not worked.

Meeting Indiana's diligent search standard

Before a judge will approve service by publication, you must satisfy what is known as a "diligent search" requirement. This typically involves contacting your spouse's last known employer, reaching out to family members or mutual acquaintances and checking public records such as voter registration or court databases. You may also want to search social media platforms, online phone directories and any other sources that could reasonably lead to a current address. Indiana law does not provide a specific statutory checklist for what qualifies as diligent, which gives judges some discretion in evaluating your efforts. Keeping detailed records of every step you take, including dates, methods used and outcomes, helps demonstrate the thoroughness of your search when you present your petition. If the court determines that your search was not adequate, it may deny your request and direct you to take additional steps before reconsidering. That outcome can add weeks or even months to an already extended process.

Moving forward after the notice period ends

Once the notice has run for three consecutive weeks, your spouse has an additional 30 days to respond to the petition. If they do not appear or file an answer within that window, you may ask a judge to enter a default judgment in the case. This allows the court to proceed with officially dissolving your marriage, but divorces obtained through service by publication carry strict legal limitations. Because the court lacks personal jurisdiction over an absent spouse, it generally does not have the legal authority to divide marital property, assign debt, or order support. Those specific financial matters typically must remain unresolved until your partner can be located and formally served.]]> On Behalf of Law Office Of Danielle Gregory <![CDATA[What is the very first thing to do before a stepparent adoption?]]> https://www.daniellelawoffice.com/?p=47606 2026-04-07T12:25:03Z 2026-04-07T12:23:07Z Check your eligiblity to adopt in Indiana first In Indiana, the law says you must have lived in the state and show that you can provide a stable, loving home. You must also be the spouse of the child’s custodial parent, as this legal relationship forms the basis for a stepparent adoption. The court will review your background to ensure the child’s safety and well-being remain the top priority throughout the transition. If the child is over 12 years old, they must also provide their own consent to the adoption. Confirming these basic details early on ensures you have a clear path forward before starting the formal paperwork.

Gather the necessary consents

The most critical part of the adoption process involves obtaining the legal consent of all required parties. You generally need the permission of your spouse and, in most cases, the consent of the other biological parent. If the other parent has not had significant contact with the child or has failed to provide support for over a year, the court may waive the need for their permission. Working through these conversations can be sensitive, so having a clear understanding of the law helps you manage the process with confidence. Organizing these documents ahead of time prevents delays and helps the adoption move toward a positive conclusion.

Take the next steps to make it official

Once you have the necessary consents, you must file a formal petition for adoption in your local Indiana county court. For example, if you live in Indianapolis, you will likely file your case within the Marion County Superior Court system. This legal filing starts a review process where a judge examines the case to ensure the adoption serves the child’s best interests. This can take some time, but with patience, you can secure a final decree that grants you full legal rights as a parent.]]> On Behalf of Law Office Of Danielle Gregory <![CDATA[3 legal rights unlocked by establishing paternity in Indiana]]> https://www.daniellelawoffice.com/?p=47603 2026-04-06T14:49:40Z 2026-04-06T14:49:40Z In Indiana, a biological connection to your child does not automatically give you legal rights as an unmarried father. Under Indiana law, you must formally establish paternity before courts recognize you as a legal parent. Without that step, Indiana law treats you as a legal stranger to your own child. Establishing paternity changes your legal standing and makes three important rights available to you.

A legal basis to request time with your child

Without established paternity, you have no legal standing to petition an Indiana court for parenting time with your child. Paternity gives you that standing. Once you prove legal fatherhood, state courts use the Indiana Parenting Time Guidelines as a baseline for parenting schedules. State law recognizes that regular contact between your child and both parents generally serves your child's best interests. Paternity gives you the right to bring your case before a court. However, you must still demonstrate to the judge that your requested parenting time serves your child's best interests.

The ability to weigh in on decisions about your child's upbringing

Legal custody in Indiana covers significant decisions about your child's life. This includes their schooling, healthcare and religious upbringing. Without paternity, you have no legal right to participate in any of these decisions. Once you establish paternity, you can petition for joint legal custody. Joint legal custody means you and the other parent share decision-making authority over major decisions in your child's life.

Standing to petition for physical custody in Indiana courts

Physical custody determines where your child lives and who manages their daily care. Without established paternity, you cannot petition an Indiana court for physical custody. Indiana courts apply the best interests of the child standard under Indiana law. That standard includes factors like your relationship with your child and the stability of your home environment. While legal paternity does not guarantee a specific outcome, it does give you the legal basis to pursue one.

What legal recognition of fatherhood actually makes possible

Establishing paternity converts your biological relationship with your child into a legally protected one in Indiana. It gives you the standing to participate in your child's life in a legally recognized way. Every situation is unique and outcomes depend on the specific facts of your case. Legal support at this stage helps you pursue the outcome that best serves your relationship with your child.]]> On Behalf of Law Office Of Danielle Gregory <![CDATA[Can parents with criminal records adopt children in Indiana?]]> https://www.daniellelawoffice.com/?p=47600 2025-12-23T16:29:52Z 2025-12-23T16:29:52Z Does having a criminal record disqualify parents from adopting? In Indiana, not all crimes disqualify parents from adopting children. While records of more severe crimes such as murder and assault make some parents ineligible by default, the court gives a lot of leeway and consideration to minor, older offenses. Typically, people with non-violent demeanors might still be eligible to adopt children, assuming they did not commit the crime recently. The court takes the amount of time that has passed since an individual's last offense into consideration and looks favorably upon those who have sought rehabilitation since then.

Which crimes disqualify parents from adopting?

Certain felonies, namely violent ones, automatically disqualify people from adopting children. The court always prioritizes the best interests of the child, meaning violent criminals might pose a threat to their safety. Crimes that disqualify parents from adopting children include:
  • Spousal abuse or domestic violence
  • Homicide, rape or sexual assault
  • Child abuse or neglect
  • Possession or distribution of child pornography
  • Assault or battery within the past five years
  • Felonies related to drugs and alcohol within the past five years
The court may also disqualify foster parents who have patterns in their criminal history, namely records of repeat offenses, from adopting children. This applies even if their crimes are non-violent.

Navigating adoption laws

Adoption laws are often complex and cases often vary depending on the court’s rulings. Because of this, many people hire legal professionals for guidance. Making sense of adoption laws and understanding one’s rights is often easier with the help of an attorney.]]> On Behalf of Law Office Of Danielle Gregory <![CDATA[5 ways parents can build a strong custody case]]> https://www.daniellelawoffice.com/?p=47586 2025-12-01T04:30:33Z 2025-12-01T04:30:33Z Child custody decisions rarely depend on a single action. Judges look for patterns that show a parent can provide stability, emotional support and careful guidance.  How a parent handles challenges, encourages relationships and plans for a child’s needs can weigh just as heavily. Focusing on these five factors helps parents show a clear picture of their caregiving ability.

1. Provide steady emotional support

Parents who respond to a child’s feelings with patience stand out. Recognizing worry, sadness or frustration and helping a child cope shows maturity. Keeping short notes or reminders of these moments can demonstrate consistent care over time.

2. Balance flexibility with reliability

Life changes often. Children benefit from parents who can adjust while keeping routines steady. Changing schedules for school, sports or other events without disrupting stability shows responsibility. Courts see this as a sign of long-term care and competence.

3. Encourage healthy relationships

Children thrive when they have strong connections with family, teachers or mentors. Parents who support positive interactions with the other parent also show that they put the child first. Cooperation and encouragement often matter more than strict control.

4. Solve problems proactively

Judges notice parents who handle issues before they grow. This can include arranging counseling, mediating conflicts or improving home safety. Taking early steps shows responsibility and a focus on the child’s needs.

5. Communicate calmly and clearly

Custody disputes can be stressful. Parents who send polite, focused and child-centered messages show self-control and maturity. Avoiding angry or hostile exchanges demonstrates the ability to prioritize the child’s well-being. Taken together, these approaches help courts see not just a parent’s day-to-day involvement, but their ability to provide consistent care and a stable environment that supports a child’s long-term well-being.

A thoughtful path forward

Child custody matters are often stressful and emotional, leaving parents feeling uncertain, overwhelmed or worried about their child’s future. These feelings are normal and valid. A family law attorney can help you manage the legal process and provide support during difficult decisions. Having professional guidance can bring understanding and reassurance when it matters most.]]> On Behalf of Law Office Of Danielle Gregory <![CDATA[Relocating with a child after divorce]]> https://www.daniellelawoffice.com/?p=47583 2025-10-21T18:09:20Z 2025-10-21T18:09:20Z Parental relocation Under Indiana law, a parent who has, or is trying to obtain, custody of a child has a legal obligation to keep the other parent aware of their address and ways to communicate with them. (This same duty applies to grandparents or others who are seeking custodial rights, but for the purposes of this blog post, we will consider only the parents.) If a parent seeks to move with the child to a new address that is more than 20 miles away from the other parent they must give notice to the court. Typically, they must also give notice to the other parent. If the nonrelocating parent agrees to the move, there is usually no problem. But, if the nonrelocating parent requests it, the court must  hold a hearing to determine whether it will allow the relocation.

The court can prevent you from moving?

This concept can strike many Americans as bizarre, but a court can prevent a parent from moving. When both parents have parental rights, a move to a new city more than 20 miles away can have a serious impact on the nonrelocating parent's parental rights. At the hearing, both parents have an opportunity to present their arguments for or against the move. The court can order the parents to go to mediation, or it can decide the matter, based on a list of factors including:
  • How far away the parent and child are moving
  • How this move will affect the other parent's rights
  • The relocating parent's stated reasons for the move
  • The nonrelocating parent's stated reasons to oppose the move
  • The history of the parties
Ultimately, the most important factor is the court's determination of the child's best interests. If the court finds that the move is in the best interest of the child, it will approve the relocation. Typically, this requires modifying the child custody order.

Know your options

It's always best for parents to avoid this kind of legal dispute by discussing relocation in advance and working out their differences without going to court. But, in many cases, that is not possible. Divorced parents who are considering moving with their children can speak to experienced professionals about their options.]]> On Behalf of Law Office Of Danielle Gregory <![CDATA[Working with a guardian ad litem in your child custody case]]> https://www.daniellelawoffice.com/?p=47581 2025-09-30T19:56:48Z 2025-09-30T19:56:48Z guardian ad litem, or GAL. The court appoints the GAL when it finds it necessary, or when another party has requested one. The GAL may be a lawyer, a mental health professional or another person with special training in representing children. This training is overseen by the Indiana court system's GAL Family Law Oversight Committee. Some types of cases where a GAL may be necessary include:
  • Child custody matters
  • Guardianship matters
  • Adoptions
  • Paternity cases
  • Grandparent or other third-party visitation disputes

What is the role of the GAL?

In family law matters related to children, the court always bases its decision on its determination of what lies in the best interest of the child. The role of the GAL is to represent these interests and speak up for a child who is not old enough, or not able to identify their own best interests or express their own preferences. In order to fulfill this role, a GAL must spend a "reasonable" amount of time with the child to investigate the situation. The amount of time that's considered reasonable depends on the age of the child and other circumstances of the case. After this investigation, the GAL presents their findings to the court and makes a recommendation to help the court determine what lies in the child's best interests.

Parents working with the GAL

Parents must cooperate with the GAL in their case. They will get a chance to discuss the case with the GAL and provide evidence to the GAL that supports their claims. Sometimes, parents don't like this situation. They may resent the idea of a GAL getting between them and their child. In these situations, it's important to keep in mind that everyone involved -- the parents, the judge and the GAL -- ultimately wants what's best for the child. Sometimes, they disagree on the specifics, but that goal should be first and foremost for everyone. And, if that's not enough to foster cooperation, it's important to note that when one party refuses to work with the GAL, the GAL is unable to consider that party's point of view when they make their recommendation to the court. For these and other reasons, parents should work with the GAL in an honest, timely and respectful manner.]]> On Behalf of Law Office Of Danielle Gregory <![CDATA[Understanding Indiana’s ‘one pot’ divorce laws]]> https://www.daniellelawoffice.com/?p=47579 2025-08-29T22:09:29Z 2025-08-29T22:09:29Z Equitable distribution When a married couple divorces, they must divide their marital property -- meaning all their assets and all their debts. Divorce is handled under state law, and each state has its own way of dealing with property division in divorce. Like most states, Indiana follows a model known as "equitable distribution." This means the property must be divided fairly, not necessarily equally.

Indiana's 'one-pot' rule

Unlike many other states, Indiana law does not make a distinction between property the parties acquired before the marriage and property acquired during the marriage. Instead, all the property goes in one metaphorical pot, to be divided between the spouses in divorce. This is sometimes called the "one-pot rule." Indiana courts start with the premise that a 50/50 split is fair, but they make adjustments according to the circumstances. For example, in a marriage where one spouse earned a high salary while the other stayed home to care for the children, a 50/50 split could leave the stay-at-home spouse at a disadvantage. After the divorce, the high-earning spouse can continue to earn their high salary, but the stay-at-home spouse will have to go out and get a job after being out of the workforce for some years. They may also still need to care for the children, making it hard for them to get a good-paying job.

Why let the court decide?

So far, we have been discussing how courts decide divorce cases, but the truth is that most property division matters are settled out of court by the parties themselves through negotiation. In many cases, the parties use a mediator to help them reach agreement. Once the two sides agree, they write up their agreement and present it to the court for approval. There are several big advantages to deciding property division this way. It's typically faster and less expensive than going to court. It also gives the parties more control over their outcome. After all, who knows better about two people's personal finances, the two people or a judge who has probably never met them before? That said, there are cases in which the spouses simply cannot reach agreement without going to court. And, in some cases, the emotional dynamics between the spouses makes it impossible for them to reach a fair agreement without a neutral third party deciding for them.]]>