Fifer Law OfficeNew Albany Criminal Defense & Family Law | Personal Injury2026-11-06T21:14:38Zhttps://www.fiferlawoffice.net/feed/atom/WordPressOn Behalf of Fifer Law Office<![CDATA[How can you handle child custody on dates like Thanksgiving?]]>https://www.fiferlawoffice.net/?p=484752026-11-06T21:14:38Z2026-11-06T21:14:38ZWhen you divorce while your child or children are still minors, you must put a custody plan in place. Most weeks follow a familiar routine, but there are certain dates on the calendar, such as Thanksgiving and Christmas, that require extra thought and planning.Most parents are eager to share such dates with their kids, and the kids are eager in return. These dates are often shared with the wider family, too. It might, for instance, be one of the few times the kids travel across the country to see Grandma each year. That makes good planning especially important.
Finding ways to share holiday custody
You will need to develop a workable way to share these important days with the children without interfering with your ex's parenting time. Here are some options:
Alternate dates: Some divorcing parents decide one of them will have the children on Thanksgiving, while the other has them on Christmas. That can work especially well if certain dates are more important to one parent than others, which may be true if each follows a different religion.
Alternate years: In some cases, what works best is saying the kids will be with you and your side of the family this Thanksgiving, and with your ex and their side of the family the next year.
Accept it as it falls: Not all parents negotiate such things. Instead, they agree that the kids spend it wherever the general custody schedule has them down to be that day. If Christmas happens to fall on a Thursday, and they are with your spouse that Thursday, then so be it.
Split the day: When parents remain living close to each other, it can be relatively easy for the children to spend the morning of a special day with one parent and the afternoon with another.
Share the day: Just because two people no longer want to be married does not necessarily mean they don’t get on anymore. Some ex-couples still come together to share these important events. Even if one of the parents only pops in for an hour after dinner, it can show a strong sense of unity to the children.
The important thing to remember about custody arrangements is that you should put your children’s best interests first. That’s not always easy, so having experienced legal guidance during the negotiations can help you keep that at the forefront of your minds and decisions.]]>On Behalf of Fifer Law Office<![CDATA[Can you expunge dismissed criminal charges in Indiana?]]>https://www.fiferlawoffice.net/?p=484712026-11-04T12:06:02Z2026-11-04T12:06:02ZWhen can you expunge dismissed charges?
Under Indiana law, people who avoid a criminal conviction may qualify to expunge their arrest and charge records. However, the process depends on when prosecutors filed the charges.
For criminal charges filed after June 30, 2022, courts must generally order expungement when they dismiss all charges. However, the order cannot take effect until at least 60 days after dismissal. A prosecutor may also ask the court to delay the process for up to one year.
For older cases, you may need to file a petition yourself. Generally, you must wait one year after your arrest or criminal charge, whichever occurred later. However, the prosecutor can agree in writing to an earlier filing. These rules also cover certain arrests that never led to formal charges.
How can you clear your arrest record?
If your case qualifies but the court has not ordered expungement, you can file a petition. The process generally involves these steps:
Confirm that your case meets the legal requirements.
Gather your arrest date, case number and charge details.
File a verified petition in the county where prosecutors filed charges.
If prosecutors never filed charges, submit your petition in the county where the arrest occurred.
Wait for the court to review your request.
Once the court grants expungement, public access to the covered records ends. However, courts and law enforcement agencies can still access certain records for official purposes.
How can you protect your future?
A dismissed charge does not always mean your arrest record has disappeared. Therefore, checking your case status can help you determine whether you need to take further action.
An attorney can review your records and explain which expungement rules apply. Legal guidance may also help you address missing records or filing errors that could delay the process.]]>On Behalf of Fifer Law Office<![CDATA[3 signs your spouse may be hiding assets in your divorce]]>https://www.fiferlawoffice.net/?p=484692026-10-26T16:23:43Z2026-10-26T16:23:43ZDivorce can sometimes bring out the worst in people. A spouse you have spent years believing you can trust may suddenly move to cheat you out of some of the marital assets when you divorce.
Knowing where to look for hidden assets can be half the battle. Here are some "red flags" that indicate your spouse may be trying to tilt the financial records to hide assets:
1. Unusual sums of money leave the account
Some spouses simply try to siphon off a chunk of money from the joint account into an individual one. The more cunning among them know this is easily discoverable, so they disguise their transfers in numerous ways. For instance, they may send the money to a friend’s account, claiming that it is to settle an outstanding loan that never existed. The friend will then hold the money for them until after the divorce.Another tactic is to make an overpayment on something such as a tax bill, with the idea that they alone will benefit from a repayment that is unlikely to arrive until after the divorce is finalized.
2. Expected income does not arrive
Your spouse typically gets a healthy bonus check each year from their employer. They may ask their employer to delay paying it until the divorce is finalized so that it won't be included in the marital assets. When you ask questions, they simply tell you that the year hasn't gone well and no bonus is coming.
3. Different financial institutions figure in the browser history
A divorcing spouse may research new financial institutions and forms of investment because they need to separate their account from their spouse and are looking for the best options going forward. But they might also be looking at ways to hide money in places their spouse cannot discover. For example, in a secretive Nevada trust or in an almost impossible for others to access cryptocurrency investment. A check of the browser history may highlight such things.If you suspect your spouse may be trying to hide assets, it is wise to learn more about your options to track those assets down and petition the divorce court to redress the balance.]]>On Behalf of Fifer Law Office<![CDATA[Deer are a common fall hazard for drivers]]>https://www.fiferlawoffice.net/?p=484672026-10-09T15:27:11Z2026-10-09T15:27:11ZMeetings between deer and motorists often end badly. Figures from Indiana police say that in 2024, the state saw 17,000 reported crashes involving these animals. While the deer themselves were likely the most frequent victims of these crashes, nine people lost their lives, and 707 were injured.The upcoming months should be of particular concern for motorists as this is when the deer are at their most active due to it being mating season and them needing to travel to find food as the abundance of foraging they have in summer dwindles.
Prevention is best
Much can be done to reduce the risk of a collision with deer. To improve your odds of avoiding an accident:
Learn where and when to expect them: Roads that pass by fields or wooded areas are likely spots, and some sections of road are well known for high numbers of deer encounters. Dawn and dusk are the hours they are most active.
Take precautions: Using your high beams when possible can help you catch the eyes of the deer, alerting you to their presence and warning them you are coming. Slowing down in areas where they are likely to be is also wise to allow more time for you and them to react. If you see one, expect there to be more nearby.
Know how to act: If you do spot a deer up ahead, the police recommend that you brake firmly and try to stay straight. Avoid swerving as it could send you off the road or into the path of an oncoming vehicle.
Anyone injured due to another motorist’s poor reaction to a deer encounter should consider legal guidance as to how best to claim compensation.]]>On Behalf of Fifer Law Office<![CDATA[What can you do if someone is tailgating you?]]>https://www.fiferlawoffice.net/?p=483162026-09-24T17:07:19Z2026-09-24T17:07:19ZIt’s a common experience to find another motorist following you at a distance that is dangerously close. Tailgating is the commonly used term for following too closely, and there are several possible explanations.
Some drivers do realize how far back they should be to be safe. Others do, but they get distracted and creep closer. Others are just in a rush and believe hugging your tailpipe will allow them to speed on past at the first opportunity. Then there are some who do it out of aggression.
You cannot know their motives
While you might think you know why a driver is tailgating you, you cannot know for sure. That person with steam coming out of their ears may not be out to get you - it may be that their wife is in labor in the back seat and they are trying to get to the hospital. Or that person who appears to not be paying attention may actually be sitting at a constant two seconds from you, because they wrongly believe that is a safe distance to be. The minimum safe following distance is three seconds, which should increase when conditions are less than ideal.
Try to make it easy for them to pass you
One thing you must never do is brake check a tailgater. It’s best not to engage with them in any way. Your best bet is to try to make it easy for them to pass you. How you do this will depend on the exact situation. In some cases, you can simply move over to the right to let them pass. On a narrower road, it might mean pulling over or taking a turnoff you do not need, just to allow them to pass. If you do pull off, think carefully about where you will go. It is often recommended to choose somewhere like a gas station where there are others who can step in if an aggressive driver follows you and wants to cause a scene.If they run into the back of you before you can allow them to pass, it is important to stay calm and call the emergency services. Then think about getting legal guidance to file a claim for any damage and injuries they caused you.]]>On Behalf of Fifer Law Office<![CDATA[Can a hospital take your entire injury settlement in Indiana?]]>https://www.fiferlawoffice.net/?p=483142026-09-16T13:26:51Z2026-09-16T13:26:51Zless than 20% of your total settlement. However, there are some significant limitations to this rule.
How does Indiana’s 20% rule work?
In essence, your attorney’s fees must be paid first. Then, the hospital lien can be addressed. If paying the hospital would leave you with less than 20% of the full settlement amount, the hospital lien has to be reduced proportionately so that you receive at least 20%.
For example, if your personal injury claim settles for $50,000, a qualifying hospital lien cannot reduce your share of the settlement below $10,000. The exact distribution (who gets what) would ultimately depend on your attorney fees, cases expenses and other liens.
It’s important to note that the 20% protection does not apply to claims made by Medicare, Medicaid, private health insurance companies, workers’ compensation insurers and other medical providers. They may have their own repayment rights under state or federal law. Because of this, it is critical to identify all valid liens or reimbursement claims before calculating distributions.
A skilled attorney can help identify whether liens against a personal injury claim are valid and enforceable. They may also be able to negotiate lower repayment amounts with hospitals and other providers. While Indiana’s 20% rule can preserve part of your recovery, it’s only one piece of the settlement process.]]>On Behalf of Fifer Law Office<![CDATA[Do juvenile offenses follow your child into adulthood?]]>https://www.fiferlawoffice.net/?p=483102026-09-04T11:27:19Z2026-09-02T13:24:03ZBy understanding the state’s laws and legal systems for juvenile offenders, you can better anticipate and protect your child’s future.
The goals of the Indiana juvenile justice system
Children aged 17 and below who commit offenses face Indiana’s juvenile law. Because of your child’s young age, the court may provide them a chance to avoid criminal charges or its harsh consequences after being found guilty of an offense. Indiana’s juvenile courts usually adhere to the “best interests of the child” with the primary goal of rehabilitation. The state recognizes that children and adolescents still need cognitive and emotional development. Instead of punishment, the system aims to provide your child with necessary treatment to prevent future delinquent acts. However, juvenile court can still impose severe consequences, especially if your child is a repeat offender or facing serious allegations.
What is informal adjustment?
A juvenile case can lead to a delinquency adjudication, which is similar to a conviction in adult court. A delinquency finding can stay on your child’s record unless they take steps later to seal or expunge it. In many situations, your child must ask a judge for that relief.If your child is a first-time offender or has committed a minor offense, Indiana offers a solution. The program, known as Informal Adjustment (IA) is a diversion process that allows your child to avoid a formal “delinquency” finding. Under an IA, the child and their parents enter into an agreement with the probation department.Your child will agree to complete certain requirements within a period of up to six months. Requirements may include:
Community service
Apology letters or restorative justice programs
Counseling or substance education
Restitution (paying back for damage or loss)
Curfew compliance or supervision check-ins
If your child successfully completes the terms of the IA, they will have no formal record of delinquency. Thus, this is often the best-case scenario for a child, as it prevents the case from moving forward in the court system.
Protecting your child’s future
While any involvement with the juvenile justice system is serious, Indiana's system does not purposefully work against your child. In reality, young people have a genuine second chance. Facing a juvenile offense may not permanently derail your child’s future.
With legal guidance, your child's juvenile charge may become a critical learning opportunity without being a lifelong burden. If your family is going through this difficult experience,consider reaching out to an experienced criminal defense attorney.]]>On Behalf of Fifer Law Office<![CDATA[Indiana does not have separate property during a divorce]]>https://www.fiferlawoffice.net/?p=483082026-08-26T19:05:09Z2026-08-26T19:05:09ZIn many states, couples who are going through a divorce need to split their property into two general categories: marital property and separate property. The marital property will need to be divided because they both own it together. However, they can sometimes keep separate property, such as money or assets they obtained before the marriage.
For those living in Indiana, however, it is very important to know that Indiana is a whole-pot state. This means that it generally does not recognize separate property. Instead, all assets and debts are considered marital property that goes into the same pot and must be divided.
Does this mean they will be split up equally?
No, this does not necessarily mean that all of that property will then be divided equally, such as giving 50% to one spouse and 50% to the other.Instead, Indiana uses equitable distribution, rather than equal distribution. When couples do not agree on how they should split up their assets and debts, a judge can make a ruling. They will consider all of these marital assets after they have been lumped together, and the judge can then decide what seems fair in that specific case.This means that there are many different factors that can be considered, such as each person’s income, earning potential, financial needs, roles within the marriage – such as if one person was a stay-at-home parent – and much more.Because Indiana marital property laws differ from those used in many other states, divorce can be complicated, and it is important for those navigating the process to understand exactly what legal rights they have.
]]>On Behalf of Fifer Law Office<![CDATA[Breath test errors: What can go wrong?]]>https://www.fiferlawoffice.net/?p=483072026-08-16T19:55:18Z2026-08-16T19:55:18ZFactors that can affect breath test results
A breath test is done using Breathalyzer or similar device. It measures the amount of alcohol in a person’s exhaled breath. The device analyzes the alcohol-containing vapors and uses a chemical reaction to produce a reading that estimates the person’s blood alcohol concentration (BAC).
Breath-testing equipment needs to be properly maintained and calibrated to produce reliable results. If a device has not been maintained according to applicable requirements, has a mechanical problem or has not been properly calibrated, questions may arise about whether the reading was able to accurately reflect a person's alcohol concentration. Records showing when the device was inspected, serviced or calibrated can be important when evaluating the test.
The way a breath test is administered can also affect the results. Officers generally need to follow established procedures when preparing someone for a breath test and operating the device. Issues such as improper operation, failure to follow required observation periods or problems with the testing process may provide reasons to examine the result more closely.
Other circumstances can also affect breath tests. Mouth alcohol, certain medical conditions and environmental factors may sometimes interfere with testing. The specific device, testing method and circumstances of the case all matter when determining how much weight should be given to a breath-test result.
The initial breath test number does not always equal guilt in a drunk driving case. Reviewing the testing records, equipment history and circumstances surrounding the test can help identify potential issues. If you are facing an OWI or other drunk driving-related charge, speaking with an experienced legal professional can help you understand the evidence and determine the best way to move forward.]]>On Behalf of Fifer Law Office<![CDATA[What to know about dog attacks involving children]]>https://www.fiferlawoffice.net/?p=483042026-08-09T01:15:45Z2026-08-09T01:15:45ZThe long-term effects of severe dog bite injuries
Children are more likely than adults to be bitten by dogs, and their injuries also tend to be more severe. A child’s smaller size can place the face, head and neck closer to a dog during an attack. Centers for Disease Control and Prevention (CDC_ data found that nearly 65% of dog bite injuries among children younger than four involved the head or neck. These injuries can include deep puncture wounds, lacerations and damage to the eyes, ears or face.
The consequences may continue after the physical wounds have healed. A child may need stitches, reconstructive procedures or other follow-up treatment, particularly when an injury leaves noticeable scarring. Children may also experience fear, anxiety or difficulty feeling comfortable around animals after an attack. Families may face medical bills, ongoing treatment costs and other expenses while helping the child recover.
Indiana law provides specific circumstances under which a dog owner may be responsible for injuries caused by a bite. Under Indiana law, an owner may be liable when a dog bites a person without provocation in circumstances covered by the statute, even if the dog had not previously shown violent behavior.
After a child is attacked, families should consider documenting the incident, seeking appropriate medical care and keeping records of treatment and related expenses. Because the circumstances of each attack can affect what legal options may be available, speaking with a qualified legal professional can help a family understand their rights and determine what steps may be appropriate.]]>