Articles

Appellate judges affirm previous decision in paternity dispute

A divided Indiana Court of Appeals on Tuesday reaffirmed its original opinion in In Re: The Matter of the Paternity of S.C.: K.C. (Appellant), and C.C. (Appellee), and B.H. (Appellee-Intervenor), 30A01-1107-JP-322, in which the appellate court affirmed the Hancock Circuit Court’s grant of B.H.’s verified petition for relief from judgment for fraud upon the court.

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Court erred in granting change of judge

The Indiana Court of Appeals reversed the grant of a stepfather’s motion for change of venue from the judge, holding the man is not a party to the underlying paternity action and therefore isn’t entitled to a change of venue from the judge under Indiana Trial Rule 76.

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Mother’s rights at issue in COA reversal

The Indiana Court of Appeals has reversed a paternity ruling from Vanderburgh County, finding that the judge should have taken a second look at the case after a mother wasn’t given a chance to be properly heard on custody of her child.

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COA reverses father’s visitation of adopted daughter

Although one Indiana Court of Appeals judge concurred that a biological father’s petition granting visitation with his daughter should be reversed, he urged legislators and the Indiana Supreme Court to reconsider the issues raised in this case to “avoid equally unjust results in future cases.”

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Court examines statute about paternity, child support

The Indiana Court of Appeals ruled on a matter of first impression today, analyzing a specific state statute relating to how a court can cancel child support arrearage after a man’s paternity is vacated based on new genetic testing.

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Court reverses because of DCS notification policy

The Indiana Court of Appeals has reversed the parental right termination decision made by a trial court, ruling that both the court and Indiana Department of Child Services in Porter County denied a biological father his due process by not notifying him of CHINS proceedings that ultimately led to his paternal rights being taken away.

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COA allows woman to establish maternity

The Indiana Court of Appeals reversed the denial of an agreed petition to establish paternity and maternity of a child who was born of a surrogate, finding equitable relief should allow the biological mother to establish she is in fact the baby's biological mother.

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Appellate court rules on GAL fees

A guardian ad litem must differentiate between attorney and non-legal work when billing in a paternity case, and trial courts must carefully consider guidelines set out in probate-focused Indiana Professional Conduct Rule 1.5 when deciding how to compensate for fees and expenses. The Indiana Court of Appeals ruled today in the case In Re: The […]

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