Stephenie Jocham: Follow-up Feature on Fox 59

May 3rd, 2010 | Posted by Amber Small | Posted in Family Law, Mediation

Tags: Stephenie Jocham

Attorney Michele Jackson Quoted in Indiana Lawyer Surrogacy Article

April 28th, 2010 | Posted by Amber Small | Posted in Adoption, Family Law

The April 28-May 11, 2010 issue of Indiana Lawyer includes a FOCUS section on Family Law.  One of the featured articles is titled “Surrogacy Law at a Crossroads” and discusses the evolving area of surrogacy law in Indiana.  The article focuses on the recent Indiana Court of Appeals ruling in In the Matter of the Paternity and Maternity of Infant R., No. 64A03-0908-JV-367.  The case came about as a result of a trial court’s denial of an agreed petition to establish paternity and maternity in a case where a couple’s biological child was born to a surrogate, who was a carrier only.  Indiana law presumes that the mother delivering the child is the biological mother, and the state’s current statutes do not provide a remedy for biological mothers to assert maternity in cases where their biological children are born to surrogates.  The case highlights the antiquated nature of the state’s current paternity laws, which were crafted prior to in vitro fertilization and medical advances which have made surrogacy a growing practice.  In her interview, Michele stated ‘“The case clearly identifies the rights of biological mothers that use a gestational surrogate to establish their maternity in a child…consistent with a father’s rights in establishing paternity.”’  To read the article in its entirety and more of Michele’s interview, visit the Indiana Lawyer website Indiana Lawyer. 

While the state statutes still do not allow for enforceability of surrogacy contracts, the recent COA decision is a leap forward in acknowledging the demand for surrogacy services in Indiana and will hopefully lead to legislative changes to establish clear procedures and protect parties who wish to pursue surrogacy.

Jocham Harden Dimick Jackson offers legal services for individuals and couples exploring egg donation and gestational surrogacy agreements.  Contact our office at 317-569-0770 for more information. 

Tags: Meg Mercer, Michele Jackson

Foreclosure - Indiana Courts Help Homeowners Through Pilot Program

April 21st, 2010 | Posted by Amber Small | Posted in Family Law

Divorcing couples often experience additional financial hardship and family law attorneys have seen an increase in the number of marital homes in foreclosure.  Indiana is increasing its efforts to assist parties facing foreclosure.  A new state law passed last year gave homeowners alternatives, providing for settlement conferences with lenders.  Less than 2 percent of eligible homeowners participated in the program last year according to The Indiana Foreclosure Prevention Network.  Efforts to increase awareness of the service led to a pilot program in Allen County Courts, with attorney arranging the conferences.  Since the launch, more than 65 conferences between borrowers and lenders have occurred since February. 

With the success of the program, it will expand to St. Joseph and Marion counties in April/May, 2010 and to Monroe County by summer, with other counties participating later in the year. 

The Indiana Foreclosure Prevention Network includes more than 40 lenders, banks, community organizations and housing agencies helping homeowners facing foreclosure.  For more information, visit their website:
Indiana Foreclosure Prevention Network

Court of Appeals Clarifies Change of Circumstances in Custody Ruling

March 30th, 2010 | Posted by Amber Small | Posted in Family Law

“When modifying custody, the change in circumstances required by Indiana Code doesn’t need to be so decisive in nature as to make the change necessary for the child’s welfare, the Indiana Court of Appeals ruled today.”  Read the entire article On Indiana Lawyer’s website: 
Indiana Lawyer

JHDJ Law Featured on Fox59 “Female Focus” Segment

February 22nd, 2010 | Posted by Amber Small | Posted in Adoption, Family Law, Mediation

Jocham Harden Dimick Jackson was featured on Fox59 “Female Focus” segment with Angela Ganote.  We are honored to have been selected and appreciate the coverage discussing the services we offer and the motivations behind our commitment to our clients. 

Tags: Amber Burton Small, Michele Jackson, Stephenie Jocham

JHDJ Law Attorneys Recognized by Super Lawyers for 2010

February 17th, 2010 | Posted by Amber Small | Posted in Adoption, Family Law

FOR IMMEDIATE RELEASE:
Press Contact:
Amber Burton Small
JOCHAM HARDEN DIMICK JACKSON, PC
11450 N. Meridian
Carmel, IN 46032
Phone: 317.569.0770
Email Address: .(JavaScript must be enabled to view this email address)
Web site address: http://www.jhdj-law.com

CARMEL, IN – February 17, 2010 –Three attorneys from Jocham Harden Dimick Jackson, PC (JHDJ Law) have been recognized by Super Lawyers for 2010.  Attorney Lanae Harden, who chairs the firm’s Family Law Practice Group has been named a “Super Lawyer.”  In addition, family law attorney and mediator Elisabeth Edwards and adoption attorney Michele Jackson, have been named “Rising Stars.” 
The selection process for Super Lawyers, employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.  As stated under the Selection Process on the Super Lawyers website, “[The Super Lawyers selection process] is a comprehensive, good-faith and detailed attempt to produce a list of lawyers that have attained high peer recognition, meet ethical standards, and have demonstrated some degree of achievement in their field.”

Super Lawyer Lanae Harden is a founding member of JOCHAM HARDEN DIMICK JACKSON, PC where she practices divorce and family law litigation with more than 15 years of experience.  She chairs the firm’s Family Law Practice Group and frequently handles complex custody and parenting time litigation cases.  Rising Star Elisabeth Edwards is a family law attorney who is also a registered domestic mediator and specially-trained collaborative law attorney.  Elisabeth has previously been recognized as an Up & Coming Lawyer in 2008.  Michele Jackson chairs the firm’s Adoption Practice Group and focuses her practice in private and agency domestic and international adoptions as well as international family law matters.  She is also an adjunct faculty member at IU’s School of Law-Indianapolis, where she teaches on subjects involving international adoption and family law. 

JOCHAM HARDEN DIMICK JACKSON, PC, is a Carmel law firm providing personalized service with a responsive and compassionate approach.  Experienced attorneys offer assertive advocacy for clients complemented by a philosophy focused on minimizing conflict and negotiating resolution.  The practice assists clients in all areas of family law, adoption, mediation, and business litigation.  For more information, please contact Amber Burton Small at 317.569.0770, or visit http://www.jhdj-law.com.

Lanae M. Harden

online at

visit superlawyers.com

Michele L. Jackson

online at

visit superlawyers.com

Elisabeth M. Edwards

online at

visit superlawyers.com

Tags: Elisabeth Edwards, Lanae Harden, Michele Jackson

Court of Appeals Rules Favorably in Case Involving Surrogacy

February 17th, 2010 | Posted by Amber Small | Posted in Adoption, Family Law

A recent Indiana Court of Appeals decision may pave the way for growth of surrogacy in Indiana.  On February 17, 2010 the Court of Appeals reversed a trial court’s denial of an agreed petition to establish paternity and maternity of a child born to a surrogate.  The Appeals Court found that equitable relief should allow the biological mother to establish she is in fact the baby’s biological mother.

In the matter of the paternity and maternity of infant R., No. 64A03-0908-JV-367, a surrogate was implanted with the fertilized biological embryo of her sister and brother-in-law.  After a successful pregnancy and birth, the biological father executed a paternity affidavit.  However, In Indiana, the presumption is that the mother delivering the child is the biological mother.  Porter Circuit Court denied an agreed petition signed and filed by all the parties to establish maternity. 

The relevant statutes for paternity were drafted prior to the development of reproductive technologies which now make it possible for a woman to give birth to a baby that is not biologically hers. Currently, Indiana has no specific statute providing procedures for establishing maternity.  This has proven problematic for couples seeking surrogacy as an option to have children. 

In the Court’s opinion, Judge L. Mark Bailey wrote:  “We are aware of no reason why the public interest in correctly identifying a child’s biological mother should be less compelling than correctly identifying a child’s biological father.”  The language in the order also suggests that the legislature should “evaluate and deliberate comprehensive proposal for changes to these statutes.” 

The Court of Appeals remanded with instructions for the trial court to conduct an evidentiary hearing.  The presumptive relationship that surrogate is the biological mother will stand unless the biological mother establishes she is in fact the biological parent, by clear and convincing evidence.  An affidavit between the parties would not be sufficient.  However, if practice from similar states such as Illinois is any indication, an affidavit from the fertility doctor involved in the surrogacy may suffice. 

As the demand for surrogacy services in Indiana increases, this case law provides a better framework for those few attorneys practicing in this developing area.

Elisabeth Edwards is Panelist on Family Law Presentation at IU

February 2nd, 2010 | Posted by Amber Small | Posted in Family Law

CARMEL, IN – February 2, 2010 – Elisabeth Edwards, an attorney and domestic mediator at JOCHAM HARDEN DIMICK JACKSON, PC, was a speaker and panelist at IU School of Law, Indianapolis.  The panel discussed topics and issues of interest for students interested in practicing family law. 

Ms. Edwards is an attorney in the Family Law Practice Group of JOCHAM HARDEN DIMICK JACKSON, PC.  In addition to focusing her practice on all areas of family law litigation, Ms. Edwards is also a registered domestic mediator and a member of the International Academy of Collaborative Professionals, representing clients in the emerging field of collaborative divorce, an alternative to litigation.  A 2002 graduate of Indiana University School of Law-Indianapolis, she is a frequent lecturer and seminar presenter on diverse topics in family law addressing children’s issues and property distribution as well as legal education for paralegals. 

Ms. Edwards’ professional career involvements include the Protective Order Pro Bono Project of Greater Indianapolis, Inc. for which she has served in several capacities, including the Board of Directors.  She has also completed specialized training and currently serves as a court-appointed Guardian Ad Litem.  Ms. Edwards’ is a member of the Indianapolis Bar Association and serves on its Board of Directors as well as the Bench Bar Committee and Pro Bono Standing Committee.  Her professional memberships also include the Family and Juvenile Law Divisions of the Indiana State Bar Association. 

JOCHAM HARDEN DIMICK JACKSON, PC provides personalized service with a responsive and compassionate approach.  Experienced attorneys offer assertive advocacy for clients complemented by a philosophy focused on minimizing conflict and negotiating resolution.  With a dynamic team of professionals, the practice assists clients in all areas of family law, collaborative law, adoption, mediation, business litigation and appeals.  For more information, please contact Amber Burton Small at 317.569.0770, or visit http://www.jhdj-law.com.

Tags: Elisabeth Edwards

Attorney Meg Mercer Joins Family Law Practice Group

January 27th, 2010 | Posted by Amber Small | Posted in Family Law

CARMEL, IN – January 27, 2010 –JOCHAM HARDEN DIMICK JACKSON, PC, is pleased to announce that Attorney Meg Mercer has joined its Family Law Practice Group. 

Ms. Mercer received her Bachelor of Science magna cum laude from Indiana University with a degree in Public Affairs.  She received her Juris Doctor from Indiana University School of Law – Indianapolis in 2009.  During law school, Ms. Mercer co-authored the June 20, 2008, Indianapolis Bar Association Bench Bar Seminar about social networking sites and their effects on litigation in family court.  Truly passionate about family law, she strives to assist families navigating the divorce process by engaging in empathetic practice.  As a member of the JHDJ Law team, Ms. Mercer will be assisting in cases involving legal separation or divorce, paternity, parenting time, child support, custody and other family law issues. 

Ms. Mercer is admitted to practice law in the State of Indiana and is also a registered civil mediator. She is an active member of the Indiana State Bar Association and the American Bar Association.

JOCHAM HARDEN DIMICK JACKSON, PC provides personalized service with a responsive and compassionate approach.  Experienced attorneys offer assertive advocacy for clients complemented by a philosophy focused on minimizing conflict and negotiating resolution.  With a dynamic team of professionals, the practice assists clients in all areas of family law, collaborative law, adoption, mediation, business litigation and appeals.  For more information, please contact Amber Burton Small at 317.569.0770, or visit http://www.jhdj-law.com.

Tags: Meg Mercer

Should You “Divorce-Proof” Your Business

January 27th, 2010 | Posted by Amber Small | Posted in Business Litigation, Family Law

According to a research study sponsored by Massachusetts Mutual Life Insurance Company, more than 60 percent of business owners have no plan in place to protect their companies in the event of a divorce.  Harris Interactive recently published the results from more than 500 business owners in FamilyPreneurship: What Every Entrepreneur Should Know Before Starting a Business with a Family Member. 

The report is timely considering the recent recession.  Historically, bad economies have been bad for marriages.  With divorce rates hovering around 50 percent, it is logical that more divorce attorneys are seeing family and small businesses as assets to be divided in the marital pot.  Despite the divorce statistics, few business owners have considered the impact a divorce could have on their bottom line and even fewer have made preparations to protect their interests.

Businesses that are co-owned by divorcing couples face serious risks.  Divorce can paralyze the business and cause employees to “choose sides.”  Owners may be forced to sell a business with the proceeds divided by the parties depending upon a state’s statutes on property division or a party’s contribution to the business.  Even if a business isn’t co-owned by a spouse, a divorce could still lead to division of the business as a marital asset, affecting decision-making and employee productivity.  Owners also have to consider the potential threat the distraction of a divorce can have on the profitability of a business.  Divorces, especially messy ones, are stressful, emotional and time-consuming.  The attention normally paid to management responsibilities may be misdirected.  This sobering information was supported by the study which indicated nearly half of the owners who divorced admitted it negatively impacted their businesses.
 
With those risks in mind, there are some strategies owners may want to consider with the most obvious being to execute a prenuptial agreement before marrying.  For others who build a business after marriage, they may want to consider a buy-sell agreement (which can be triggered by certain events including divorce), postnuptial agreements or trusts.  In order to ascertain the appropriate option, an owner should consults with a financial professional experienced in risk-management and wealth-preservation as well as an attorney experienced in family law and/or business break-ups, often referred to as “business divorces.”

The month of January is notorious among family law attorneys as “divorce month” representing the largest volume of new divorce cases each year.  As everyone’s thoughts turn to tax season, business owners need to also consider options to “divorce-proof” their companies.
 
The above is for informational purposes only should not be considered legal advice.  Each case is unique and you should consult an attorney for advice regarding your particular situation.  Attorney Jill Dimick Chairs the Business Litigation Practice Group of Jocham Harden Dimick Jackson in Carmel, Indiana.  She has twenty years’ experience representing parties in business breakups.