Indiana Law Blog

Can Children Choose Which Parent to Live With in Indiana?

Published on: November 6, 2025 | by Nicole B. Rydelski

Divorce and separation are challenging, especially for children. A common question during custody disputes is whether a child can choose which parent to live with. In Indiana, the answer depends on the child’s age, maturity, and state law. Here’s a concise overview of how Indiana courts handle this, always prioritizing the child’s best interests.

The Court’s Focus: Best Interests of the Child

Indiana courts (under Ind. Code § 31-17-2-8) decide custody based on what serves the child’s well-being, considering factors like:

Guiding Families Through Indiana Guardianships

Published on: November 6, 2025 | by Aaron Harshman

When someone you love can no longer make safe or sound decisions about their care, the situation can feel overwhelming. At Harshman Ponist Smith & Rayl, LLC, we help families across Indiana navigate the guardianship process with clarity, compassion, and capable legal guidance.

Understanding When Guardianship Is Needed

Our firm is often contacted by family members or close friends who are concerned about a loved one’s well-being. Whether the need arises from an aging parent’s declining health, an adult’s temporary medical condition, or a minor who needs protection, we step in to guide clients through the legal process of obtaining a court order that allows them to provide necessary care.

The Implications of Having Cold-Storage Cryptocurrency During a Divorce in Indiana

Published on: September 22, 2025 | by Aaron Harshman

Introduction

Divorce often involves dividing property and assets, that range from houses, retirement accounts, vehicles, business ownership and all kinds of personal belongings. For the tech-forward, another growing segment of property is being found in these cases: cryptocurrency stored in “cold storage.” If you or your spouse hold digital assets offline on a hardware wallet or similar device, it can raise unexpected questions and issues during the divorce process.

What Is Cold-Storage Cryptocurrency?

How to Disclose Cryptocurrency Assets in Divorce Without Giving Away Access

Published on: September 19, 2025 | by Aaron Harshman

Disclosure vs. Control

When going through a divorce in Indiana, both spouses are generally required to provide a full and honest accounting of their assets. This includes not only obvious items like homes, vehicles, and retirement accounts but also purely digital assets such as cryptocurrency.

Many people who hold crypto in cold storage (on a hardware wallet, paper wallet, or another offline method) worry that disclosure means they must hand over the device, private keys, or full control of their funds. That’s not the case.

Supporting Independence While Protecting a Ward: Finding the Balance

Published on: September 17, 2025 | by Aaron Harshman

Introduction

Serving as a guardian means stepping into a role of trust and responsibility. You’re tasked with making critical and important decisions for someone who cannot fully manage on their own. At the same time, the law, a court (and basic human dignity) require guardians to preserve as much independence for the ward as possible. Striking that balance isn’t always easy, but it’s essential to conducting an effective guardianship.

The Legal Standard: “Least Restrictive Alternative”

Annual Reporting 101: How to Stay in Compliance as a Guardian

Published on: September 15, 2025 | by Aaron Harshman

Introduction

When a court appoints you as a guardian, the responsibility doesn’t end with the initial appointment.

In Indiana — and in most states — guardians must file annual or biennial reports that update the court on the ward’s well-being and finances. These reports are essential: they ensure transparency, protect the ward, and demonstrate to the court (and other interested people) that you are fulfilling your duties. Missing deadlines or filing incomplete reports can lead to penalties, potential liability, or even removal as guardian. Here’s what you need to know to stay on top of your annual reporting obligations.

Top 5 Mistakes New Guardians Make — and How to Avoid Them

Published on: September 12, 2025 | by Aaron Harshman

Introduction

Being appointed as a guardian is both an honor and a serious responsibility with real-world consequences. Whether you’re caring for an elderly parent, a child, or an adult with disabilities, the court expects you to act in the best interests of your ward. For many new guardians, the learning curve can feel overwhelming.

Here are the five most common mistakes guardians make — and how you can avoid them.

Guardianship vs. Power of Attorney: What’s the Difference?

Published on: September 10, 2025 | by Aaron Harshman

Introduction

What tools do we have to provide care for those we love?

When someone you love one can no longer make decisions on their own, families often wonder: What’s the right legal tool — guardianship or power of attorney? These terms are often used incorrectly or interchangeably, but they are very different legal tools. Knowing the difference can help you choose the option that best protects your loved one while respecting their independence.

Common Mistakes to Avoid When Dividing Assets in Divorce

Published on: July 21, 2025 | by Aaron Harshman

Dividing assets is one of the most complex and contentious aspects of a divorce. Missteps during this process can have lasting financial consequences. We are hired on many cases every year to try and fix issues in finalized divorces which can cost thousands and thousands of dollars to correctHere are some of the most common mistakes to avoid when dividing assets in an Indiana divorce.

Mistake 1: Overlooking Hidden or Less Obvious Assets

Many people focus on major assets like the home or retirement accounts but forget about:

Divorce and the Family Home: Buyouts, Sales, and Other Options

Published on: July 18, 2025 | by Aaron Harshman

The family home is often one of the most significant and emotionally charged assets to divide in a divorce. Deciding what to do with it involves both practical and financial considerations. In Indiana, there are several options for handling the family home during a divorce.

Option 1: One Spouse Buys Out the Other

A common solution is for one spouse to keep the home by “buying out” the other spouse’s equity. This requires: