Supreme Court splits 3-2, denies transfer in custody case
A mother’s appeal arguing that she was wrongly denied an evidentiary hearing on her petition to modify custody of her daughter was rejected last week by a divided Indiana Supreme Court.
Family Law
Articles
Courts open to cameras during National Adoption Day events
Courts in 24 counties across Indiana will be allowing families and the media to photograph and videotape adoption proceedings this month as part of the National Adoption Day celebration.
IndyBar: Help Your Family Law Mediator Help You Settle Your Client’s Family Law Matter
Whether you have a full day mediation scheduled or are taking a case to a Marion County Modest Means mediation with a three-hour limit, there are ways to make it more likely that your client’s case will settle.
Survey: Mental health increasingly a factor in divorces
Family law attorneys are encountering more mental health issues among the spouses and children going through a divorce, according to a recent survey by the American Academy of Matrimonial Lawyers.
African mom in Indiana loses custody appeal to dad in Mali
An African woman currently living in Indiana must return her children to their father in Africa after the Indiana Court of Appeals found her home country’s custody laws do not violate fundamental human rights, so Indiana courts lack jurisdiction to strike down her African custody order.
COA: Purported grandfather couldn’t bring paternity action
An Indiana trial court erred in ordering parties in a paternity dispute to abide by the terms of a mediation agreement because the man who initially brought the paternity action did not have standing to do so, the Indiana Court of Appeals ruled.
‘Quasi-emancipation’ presents matter of first impression for COA
Although the Indiana Court of Appeals sympathized with a trial court’s effort to reduce the stress on two brothers caused by their feuding divorced parents, the appellate panel still found the lower court overstepped its authority.
Study: Mediation favored; style fitting litigants’ status may be better
A novel Indiana study finds judges, lawyers and mediators broadly agree that mediation is likelier than trial proceedings to provide fair and satisfactory results for couples in family law cases. Researchers also suggest that mediators may be able to further improve outcomes by tailoring their styles to fit litigants’ circumstances.
Court restores man’s lawsuit against cheating wife’s lover
A jilted husband’s lawsuit against a doctor accused of stealing his wife’s love can proceed, thanks to an appeals court ruling in North Carolina that lets people sue their spouse’s lover and collect damages.
COA rejects father’s argument that his kids should be CHINS
Although a Tippecanoe County father appealed the denial of a petition alleging his children were children in need of services, the Indiana Court of Appeals has ruled the father’s arguments as to why his children should be considered CHINS were unavailing.
COA: Continued placement with foster parents not in children’s best interests
Three Miami County children will not be returned to their previous foster parents after the Indiana Court of Appeals found Friday the trial court correctly determined the foster mother had become obsessed with the notion that the children were molested, making continued placement with her not in the children’s best interests.
COA rules against mother who used religious exemption to not vaccinate child
An Indiana trial court abused its discretion in denying a father’s petitions to modify custody of his child and to hold the child’s mother in contempt of a paternity decree, the Indiana Court of Appeals ruled, finding the mother intentionally circumvented the terms of the decree that required her to vaccinate their child once the girl went to school.
Ringlespaugh: Parenting coordination: the good, the bad and the ugly
Although parenting coordinators have been around for a while, Indiana has only within the last 10 years or so started to create uniformity in the rules and regulations regarding parenting coordinators.
Mother’s consent to adoption not required, appeals court rules
A trial court properly determined that a mother’s consent was not required to the adoption of her child, the Indiana Court of Appeals ruled, finding that even though she had a difficult year in which she had no communication with her child, the law requires her to continue to foster her parental relationship.
Split COA reverses mother’s contempt finding over parenting time sessions
A mother’s appeal of the order finding her in contempt for not bringing her child to supervised parenting time sessions at a facility drew three opinions from a panel of the Indiana Court of Appeals Friday. The majority agreed to reverse after holding the parenting time order improperly delegated parental authority to the facility.
Arkansas birth certificate ruling could impact Indiana
As lesbian married couples in Indiana wait on the 7th Circuit Court of Appeals to rule whether both mothers can be listed on their children’s birth certificates, the Supreme Court of the United States may have just decided the outcome of the case.
Conviction upheld for man who berated ex after protective order
A man who called his ex and offered a “one time only deal” regarding parenting time with their son after the woman obtained a protective order failed to convince judges on appeal that his invasion of privacy conviction should be reversed.
Indiana domestic violence law addresses phone plans, pets
A new Indiana law taking effect July 1 aims to help those affected by domestic violence leave abusive relationships.
ISBA session offers tips in dealing with parents of a child with disabilities
Though judges are generally thought to be the gatekeepers of the law, in family law situations, parents may try to guard the gates of access to their children.
CASA therapy dogs lighten mood at Tippecanoe courthouse
Navigating the local court system is just one more traumatic experience for children who have been abused or neglected. But Tippecanoe County advocates believe a therapy dog to pat or scratch could ease their stress and lighten their moods.