Smith, Carrillo & Reeder  Smith, Carrillo & Reeder 2026-08-12T07:09:52Z https://www.scrlaw.net/feed/atom/ WordPress /wp-content/uploads/sites/1101191/2019/01/cropped-OG-directory-32x32.jpg On Behalf of Smith, Carrillo & Reeder <![CDATA[How domestic violence affects child custody in Anderson divorces]]> https://www.scrlaw.net/?p=50292 2026-08-12T07:09:52Z 2026-08-12T07:09:52Z How abuse evidence can affect parenting time Indiana allows no-fault divorce when one spouse states that the marriage cannot be repaired. While there is no need to prove domestic violence to get a divorce, evidence of abuse can play an important role in child custody decisions. These pieces of evidence can affect custody in several ways:
  • The court may restrict parenting time: The court has the potential to limit a parent's custody or parenting time if evidence shows that the parent’s abusive behavior could put the child at risk and sometimes the court may grant sole legal or physical custody to the non abusive parent.
  • The court may restrict decision-making: A history of domestic violence can limit a parent's ability to make important decisions about the child’s future.
The court focuses on the child's best interests when making custody decisions. A history of domestic violence may affect the custody arrangement. The court may also require supervised visits to help keep the child safe. In some cases, the court could also appoint a guardian ad litem to investigate the abuse claims and recommend a custody arrangement.

How child custody decisions support a child's well-being

Children who witness domestic violence are likely to experience emotional distress. This is why the court carefully considers the seriousness of the abuse when making child custody decisions and takes steps to protect the child's well-being. When the court creates a child custody arrangement that favors a stable and secure environment, it can give the child a better opportunity for healthy growth and development.]]> On Behalf of Smith, Carrillo & Reeder <![CDATA[Last-minute estate changes can be a red flag]]> https://www.scrlaw.net/?p=50290 2026-07-26T16:19:11Z 2026-07-26T16:19:11Z Estate disputes are often sparked by certain red flags that family members may see in the way the estate plan was written. As the estate moves through probate and the estate administration process, these disputes between family members and other beneficiaries can become very contentious. One potential red flag is if there were any last-minute changes made to the plan shortly before the person passed away. This is especially problematic if there were changes that favored one individual at the expense of others. Below are two examples.

Undue influence

In some situations, it may appear that the person was put under undue influence, meaning they were manipulated or coerced into changing the estate plan. For example, say that the last-minute changes leave a substantial portion of the estate to a person who was acting as a caregiver for an elderly individual. It could be that the caregiver threatened to withhold care and assistance unless they were given what they wanted in the estate plan, so the changes do not really reflect what the elderly person actually intended.

Lack of testamentary capacity

Another issue can arise if the person lacked the testamentary capacity to make the changes to their estate plan in the first place. For instance, perhaps the person was suffering from dementia, Alzheimer's or a related condition. They initially wrote their estate plan when there were no questions about their mental capacity, but the last-minute changes were made after the diagnosis. Did they really understand the changes they were making, and did they intend to alter the estate plan in that way? Questions like these can lead to significant estate litigation issues, and it is important for family members to understand all of their legal options.  ]]> On Behalf of Smith, Carrillo & Reeder <![CDATA[Can you clear a criminal record in Indiana?]]> https://www.scrlaw.net/?p=50288 2026-07-15T03:26:23Z 2026-07-15T03:26:23Z What sealing your record actually does Indiana's Second Chance Law does not erase your criminal record — it restricts who can see it. For misdemeanors and lower-level felonies, your record is sealed from public view. For major felonies, it stays visible but is marked as "expunged," meaning employers and landlords cannot legally use it against you. Either way, you can answer "no" on most job applications that ask about prior arrests or convictions.

Eligibility depends on the offense and timing

Indiana uses a tiered system based on the type of offense and how much time has passed since your arrest or conviction:
  • Arrest without conviction: Courts automatically expunge many dismissals and acquittals within 60 days. For others, you can file a petition one year after the arrest date.
  • Misdemeanor conviction: You may qualify after five years, provided you have no pending charges, have paid all fines and fees, and have no new convictions in that time.
  • Low-level felony conviction: You may qualify after eight years for an eligible Class D or Level 6 felony, or five years if reduced to a misdemeanor, with all fines paid and no pending charges or new convictions.
  • More serious felonies: Non-violent major felonies require eight years from conviction or three years from completing your sentence, whichever is later. Felonies involving bodily injury require ten years from conviction or five years from sentence completion, plus the prosecutor's written consent.
Indiana law bars certain offenses from expungement entirely, including sex offenses, homicide, human trafficking convictions, official misconduct and certain violent weapon offenses.

This process has a strict one-time limit

Indiana law allows you to file for conviction expungement only once in your lifetime. If you have multiple convictions in the same county, you must include all of them in a single petition, and convictions across different counties require separate filings within a 365-day window. Because a mistake or missed offense could cost you your only opportunity, speaking with a criminal defense attorney in Anderson or the greater Madison County area can help you determine what to include and how to give your petition the best chance of approval.  ]]> On Behalf of Smith, Carrillo & Reeder <![CDATA[What happens when a parent wants to relocate with a child?]]> https://www.scrlaw.net/?p=50285 2026-07-14T13:18:12Z 2026-07-14T13:18:12Z When must the relocating parent provide notice? If you plan to change your main home, you must usually file a Notice of Intent to Relocate with the court and provide a copy to the other parent. Exceptions may apply if a prior order addresses relocation or the move does not add more than 20 miles between homes and keeps your child in the same school. You must give notice no later than 30 days before moving or within 14 days after learning about the move, whichever comes first. The notice should identify your address, intended moving date, contact information, reasons for relocating and any proposed changes to parenting time.

How can the other parent respond?

If you are the nonrelocating parent, you usually have 20 days to respond. You may accept the move, request changes to orders or object and ask the court to prevent the child’s relocation. Custody, parenting time and child support orders remain in effect until the court changes them. Many Indiana counties refer relocation disputes involving existing orders to mediation before scheduling a hearing, although emergency and self-represented cases may be exempt.

What will the court consider before allowing a move?

Before ruling, the judge considers the practical and family consequences of the proposed relocation. Relevant factors may include:
  • The distance and travel costs
  • The effect on parenting time
  • Each parent’s financial circumstances
  • Each parent’s history of supporting or interfering with contact
  • Each parent’s reasons for supporting or opposing the relocation
  • Other factors affecting your child’s best interests
The relocating parent must first show an honest purpose and a genuine reason for moving. The other parent must then show why the move would not serve the child’s best interests.

Reducing uncertainty during relocation

Relocation decisions may require you to balance personal opportunities with the practical effect on your child. By presenting a realistic, well-supported proposal, you can help the court evaluate whether the arrangement will remain workable over time.]]> On Behalf of Smith, Carrillo & Reeder <![CDATA[3 types of pictures that can help after a car accident]]> https://www.scrlaw.net/?p=50281 2026-07-06T14:06:40Z 2026-07-06T14:06:40Z After you get in a car accident, contact the authorities and seek medical assistance for anyone who has been injured. This should always be your first priority, especially if there are serious injuries. But another thing to consider is that, if you are able to do so, it may be wise to take pictures of the accident. The police officers may want you to move your vehicle, so the photos that you take can help preserve the scene and provide evidence if you sue the other driver for financial compensation.

Your own injuries

To start with, photograph any of your own injuries. Take pictures of the damage to your car. If you take these photos on your phone, they are automatically going to have the date and time information embedded, which can help you prove that these injuries or damages happened in that specific accident.

The crash scene itself

Next, take photos of the crash scene from a variety of different perspectives. You want to capture the vehicles' positions in relation to each other and the roadway. You may also want to get pictures of important features, like a traffic light or a stop sign. These photos can help show why the accident happened in the first place.

Identifying information

Finally, take a picture of the other driver's car and license plate so that you can identify them. You will likely want to speak with that driver and exchange information, so you can also photograph their insurance paperwork or driver's license. Taking pictures is a quick and easy way to gather evidence after a crash. If you are interested in seeking compensation, be sure you know what legal steps to take moving forward.  ]]> On Behalf of Smith, Carrillo & Reeder <![CDATA[Is there reason to question a testator’s capacity?]]> https://www.scrlaw.net/?p=50279 2026-06-17T21:24:29Z 2026-06-17T21:24:29Z What constitutes a lack of capacity? Traumatic injuries, age-related decline and dementia, as well as serious mental health challenges, can all reduce an individual's testamentary capacity. To have the authority to sign binding legal documents, individuals must understand what those documents say, the impact the documents could have on others and their personal circumstances. People who cannot name their beneficiaries or their personal property may not be in a position to create or update an estate plan. Diagnostic paperwork and witness statements affirming that an individual’s capacity was compromised by the time they drafted a will could convince the court to set aside a will drafted without testamentary capacity. In such cases, the probate courts can either refer to a prior will drafted by the same party before their health changed or used intestate succession laws to ensure the protection of immediate family members. Explaining concerns about an individual's capacity to a probate litigation attorney can help surviving family members. When there's proof of a lack of capacity, the courts may agree that a will is not valid due to the deceased’s testatory state of mind when they signed.]]> On Behalf of Smith, Carrillo & Reeder <![CDATA[What is a private caucus in divorce mediation?]]> https://www.scrlaw.net/?p=50275 2026-06-10T20:58:15Z 2026-06-10T20:58:15Z Divorce mediation offers couples an opportunity to resolve disputes in a cooperative setting rather than through lengthy court proceedings. The process encourages open communication and allows both parties to work toward agreements involving property, finances and parenting matters. Not every discussion during divorce mediation takes place with both parties in the same room. In some situations, a mediator may use a private caucus to help negotiations continue in a productive and respectful way.

When is a private caucus necessary during divorce mediation?

A private caucus is a confidential meeting between the mediator and one party without the other person present. It often becomes necessary when emotions make direct conversations difficult or when one party feels uncomfortable discussing important issues openly. Divorce mediation can involve sensitive topics such as child custody, financial obligations and the future of the family home. If frustration or hostility prevents meaningful discussions, separate meetings may help reduce tension and encourage thoughtful decision-making. Information shared during a private caucus generally remains confidential unless the party gives permission for the mediator to disclose it. Private caucuses may also be useful when negotiations reach a standstill or when complicated issues require additional explanation. A mediator can discuss settlement proposals, answer questions and carry offers between the divorcing parties without creating unnecessary conflict. In cases where communication styles differ, or one person needs time to evaluate options, separate meetings can provide a more balanced environment for productive negotiations. Some mediators may even conduct most of the divorce mediation process through private caucuses if direct interaction is unlikely to be effective. A private caucus should not be viewed as a sign that divorce mediation is failing. Instead, it is a practical tool designed to improve communication and help parties work through difficult issues at their own pace. By creating a confidential setting for honest discussions, a private caucus may increase the chances of reaching an agreement that works for both sides. Understanding how mediation works during divorce can help you approach the process with realistic expectations and greater confidence. Whether your case involves financial concerns or parenting matters, knowing the purpose of a private caucus may help you participate more effectively. Seeking legal guidance can help you understand your rights and options during divorce.]]> On Behalf of Smith, Carrillo & Reeder <![CDATA[How can you document income loss after a car accident?]]> https://www.scrlaw.net/?p=50273 2026-06-03T16:02:22Z 2026-06-03T16:02:22Z What records should you gather from your employer? Under Indiana law, a person can recover compensation for lost wages. When filing your claim, official documentation from the workplace is necessary to prove your past income losses. Request a letter from your employer, confirming missed work days. To support this letter, you should also gather the following:
  • A letter from the employer stating hourly wage or annual salary
  • Pay stubs from before the accident that establish regular earnings
  • W-2 forms and recent tax returns that provide additional proof of income history
  • Documentation showing normal work schedule and dates unable to work
For self-employed individuals, you may prepare profit and loss statements. Business tax returns and bank statements can also serve as proof of your ongoing income and lost earnings.

How do medical records support your claim?

Medical documentation connects injuries to the inability to work. A doctor can provide a written statement about physical limitations. This statement explains why the person cannot perform their job duties. It should also specify how long they cannot work. Additionally, keep all medical records, hospital bills and treatment notes. These documents can show the severity of injuries. They demonstrate that time away from work was medically necessary.

What additional evidence can establish your losses?

Beyond employer and medical records, other documentation can strengthen an income loss claim. This evidence helps paint a complete picture of how the accident affected your ability to earn a living. Track all communication with the employer about the absence. This includes emails, text messages and written notices. If sick days or vacation time were used because of the accident, document those specific losses as well. You may also create a personal journal noting the recovery process and work limitations. Consider including photographs of visible injuries that prevent you from working. If injuries caused a job loss or demotion, obtain documentation of these changes. This can prove long-term financial consequences of the accident.

Protecting your right to fair compensation

A car accident should not leave you struggling financially because of lost wages. Thorough documentation helps demonstrate the real cost of your injuries. Taking these steps now can help secure the compensation you need to move forward after the accident.]]> On Behalf of Smith, Carrillo & Reeder <![CDATA[3 reasons criminal defendants may negotiate plea deals]]> https://www.scrlaw.net/?p=50269 2026-05-25T19:48:59Z 2026-05-25T19:48:59Z vast majority of defendants eventually plead guilty as part of a plea deal. There are many reasons why people who claim they did not commit a crime have their criminal defense attorneys negotiate plea bargains instead of fighting the charges against them. There are many potential benefits to plea bargains, including the three critical benefits below.

1. A faster resolution

While the Bill of Rights does promise a speedy trial, people facing criminal charges often spend months in legal limbo. It takes time for the state to gather evidence and time to arrange for a trial. A plea bargain resolves the matter quickly, allowing people to move on with their lives faster.

2. Reduced charges

When prosecutors accuse people of breaking the law, they may bring multiple charges over one offense or pursue felony charges whenever possible. Plea bargains often result in an arrangement that reduces the charge against the defendant to a lesser crime or eliminates all but one charge.

3. Lower criminal penalties

State statutes establish a range of different criminal penalties for different offenses. A defense attorney negotiating a plea bargain with a prosecutor can seek concessions regarding sentencing. Prosecutors have the authority to limit the criminal penalties imposed as part of a plea deal. Discussing the state's case and the possible sentence carried by a criminal charge can help people evaluate their criminal defense options. A plea deal can be a viable option for defendants in a variety of challenging situations.]]> On Behalf of Smith, Carrillo & Reeder <![CDATA[Summer vacation and parenting plans: What to remember]]> https://www.scrlaw.net/?p=50266 2026-05-13T15:14:53Z 2026-05-13T15:11:55Z Families often look forward to summer vacations because those trips are a chance to get away from home and relax. Children usually look forward to the summer months because they don’t have to go to school. But, for divorced parents, summer vacations and school breaks are sometimes a source of stress.  Since the summer months are coming up quickly, parents must take the time to get the plan for those months set. Understanding what to consider to make the plan may reduce the stress associated with this time of year. 

Check the parenting plan

One of the first things that parents should do is to check the parenting plan. This should have a parenting time schedule for the school break, so both parents can determine when they will have the children. For parents of young children, the schedule is important so they can find childcare.  As you check the parenting plan, determine what requirements are present for vacations if you plan on taking one. For example, some parenting plans have geographical restrictions for travel unless permission from the other parent or the court is received. Knowing exactly what’s in the parenting plan is important.  One special consideration is international travel. Even if this is allowed by the parenting plan, it requires special planning. Both parents have to sign the passport application for the children. Certain countries may require a copy of the birth certificate and a notarized statement from the non-traveling parent that grants the other parent permission to take the child out of the country.  It’s critical to have the terms for summer listed clearly in the parenting plan. Setting these terms and others that are necessary for co-parenting may be easier if you work with someone familiar with your circumstances and the available options. ]]>