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Judges uphold custody award of non-biological child to stepfather

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The Indiana Court of Appeals affirmed an award granting a man primary physical custody of his child with his ex-wife, as well as her daughter from a previous relationship.

Michael Fry sought primary physical custody of his child, J.F., and Teresa Dolan’s daughter, K.D., who was 3 years old when the Frys married, after Dolan was diagnosed with Huntington’s Disease, a degenerative illness that renders her incapable of taking care of the children. She was granted primary physical custody after the divorce.

The trial court granted Fry’s petition. At issue in Teresa Fry n/k/a Teresa Dolan v. Michael Fry, 64A03-1307-DR-262, is whether the trial court could have granted him custody of K.D. since he was not her biological father. The Court of Appeals affirmed, finding Fry is a de facto custodian of K.D.

“Although Michael was not obligated by the terms of the dissolution decree to support K.D. financially, he was given the right to exercise parenting time with her and he did in fact continue his parental relationship with her after the divorce until he filed his petition for emergency custody of both children when she was fourteen,” Judge Margret Robb wrote.

The judges pointed out that for nearly a year Dolan did not appeal the trial court order, instead filing motions to enforce her parental visitation rights.

“And finally, we note that this might be a different matter if K.D.’s biological father had filed the motion for relief from judgment alleging a due process violation in the proceedings which granted custody to a third party with no notice to or an opportunity for him to be heard. However, K.D.’s biological father was never mentioned by the parties, nor was the custody arrangement, if any, between him and Teresa with regard to K.D., and there is no indication of how or if this proceeding impacts him. This is not a situation where the trial court was determining custody between a custodial parent unable to care for the child, a non-custodial parent, and a third party,” Robb wrote.
 

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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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