Women’s Bench Bar Retreat to host COA
The Court of Appeals of Indiana will hear oral argument in In RE: The Paternity of K.S. at noon March 2, at Culver Cove Resort & Conference Center.
Family Law
Articles
Nonsupport of dependent enhancement not based on number of children
The Indiana Supreme Court ruled Thursday that under Indiana Code 35-46-1-5(a), the enhancement of nonsupport of a dependent child to a Class C felony because of an arrearage of $15,000 or more is triggered by the dollar amount owed, regardless of how many children the parent has.
On rehearing, COA affirms original opinion
On petition for rehearing, the state Department of Child Services claims that the appellate court imposed an undue burden upon the agency by recognizing that DCS has to make a prima facie showing regarding current conditions before the parent is obliged to come forward with evidence.
Mother’s prior statement undermines argument on appeal
A mother who appealed a court’s order acknowledging that her ex-husband is the father of her child cannot prove that the court abused its discretion.
Court does not have subject matter jurisdiction over child support
In addressing whether a trial court in Indiana erred in dismissing a woman’s petition for modification of child support previously entered in Maryland, the Indiana Court of Appeals noted an incongruity in the statutory scheme that leads to the “somewhat absurd result in this case.”
Comment sought on proposed changes to parenting time guidelines
The Indiana Judicial Center’s Domestic Relations Committee is seeking comment on proposed changes to the parenting time guidelines, which includes parenting coordination guidelines.
Collaborative divorce offers closure for clients, demands less attorney time
Attorneys say collaborative divorce works for clients who hope to avoid the courtroom.
DCS recognized with national award
The Indiana Department of Child Services has won one of four Casey Family Programs “Excellence in Leadership” awards for 2011. The award is given to those involved in child welfare who work to improve the lives of children and families.
Judges examine double jeopardy issues in child support case
The Indiana Court of Appeals has found a man’s three convictions on non-payment of child support for his three children don't violate double jeopardy principles, even though that issue is currently pending in another case before the Indiana Supreme Court.
Supreme Court gives $160,000 for family court projects
Sixteen Indiana counties will share $160,000 in grant money from the Indiana Supreme Court to support their local family court projects.
Notre Dame to organize workshop on families and the law
The University of Notre Dame has been chosen as the U.S. partner in a British initiative that involves an international network considering the intersection of families and the state from interdisciplinary and comparative perspectives.
Appellate court finds mother wasn’t in contempt
The Indiana Court of Appeals agreed with a mother that the Clark Circuit Court erred in finding her in contempt for not putting her teenage daughter on a plane to Florida to visit the teen’s father over Christmas break. The appellate court did agree with the trial court that the mom should have to pay for another flight to visit the father.
Appellate court tackles child support issues
In three opinions released Wednesday, the Indiana Court of Appeals ruled on child support issues – the application of Social Security benefits to an arrearage and whether two fathers who were incarcerated for not paying child support could have their support obligations modified.
Guidance offered on incarcerated parents’ attendance at termination hearings
Scolding the Indiana Department of Child Services for how it handled a parental termination case, the Indiana Supreme Court has found an incarcerated mother’s due process rights were not violated when she did not receive adequate notice about pending proceedings that would affect her rights as a parent or when she was not allowed to attend the hearings.
Foster families get in free to Marengo Cave
Thanks to a partnership between Marengo Cave and the Indiana Department of Child Services, foster parents and their foster, biological and stepchildren will be able to get in to Marengo Cave’s guided walking tours for free.
Indiana makes gains in permanent placement
The state sees improvement, but aims to do better.
Justices take 3 cases
The Indiana Supreme Court has granted transfer to three cases, including one that led to a split in the lower appellate court in a child support case.
Grandmother can’t petition for visitation
A grandmother has lost her right to petition for visitation rights after her son’s parental rights were terminated, so the trial court was correct in dismissing her petition, the Indiana Court of Appeals held Thursday.
COA: Aunt and uncle have no standing for visitation petition
Indiana statutes and caselaw do not allow for aunts or uncles of a child to petition for visitation, the Indiana Court of Appeals held Monday.