Custody
Appeals court affirms terminating mother’s parental rights
May 24, 2013
Jennifer NelsonA mother who was close to reunification with her three children, deemed children in need of services, until she battered her
fiancé in front of them had the termination of her parental rights affirmed by the Indiana Court of Appeals.
MoreCourt affirms giving father custody after mother denies parenting time
May 24, 2013
Jennifer NelsonA LaPorte County mother’s decision to cut off parenting time of her three children with their father supports the trial
court’s order that the father have sole legal and physical custody of the children, the Indiana Court of Appeals ruled.
MoreLawyers’ divorce battle divides COA on joint custody ruling
April 30, 2013
Dave StaffordA lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed
Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’
daughter.
MoreJustices remand for more proceedings on grandparent visitation order
March 7, 2013
Jennifer NelsonAfter finding a grandparent visitation order entered in Johnson County is voidable because of defects, the Indiana Supreme
Court sent the case back to the trial court for new findings and conclusions without hearing new evidence.
MoreBills on magistrates; custody and visitation pass House
February 21, 2013
IL StaffThe Indiana House of Representatives passed House Bill 1041 Thursday morning 96-0. The bill addresses petitions to modify
custody and visitation involving children who have been abused or neglected.
MoreCourt reverses grant of custody to grandmother
January 31, 2013
Jennifer NelsonFinding that the Porter Circuit judge’s ruling is not supported by clear and convincing evidence, the Indiana Court
of Appeals ordered the court vacate its award of physical custody of A.S. to her grandmother and return her to the care of
her mother.
MoreCOA: rehearing petition another example of how DCS ‘dropped the ball’ in case
January 23, 2013
Jennifer NelsonThe Indiana Court of Appeals granted the rehearing petitions of the Department of Child Services and a family who had a child
removed from their care and re-examined the family’s federal civil rights claims and claims under the Indiana Tort Claims
Act. The judges also chided DCS’ counsel for submitting a new document in the petition for rehearing that was not part
of the record on appeal.
MoreCOA upholds mother’s relocation to Illinois
January 17, 2013
Jennifer NelsonA trial court’s decision to allow a mother and her two children to move to Illinois after marrying her fiancé
was not an abuse of discretion by the court because the father didn’t show how the move would have a negative effect
on the children.
MoreJustices adopt changes to parenting time guidelines
January 10, 2013
IL StaffThe Indiana Supreme Court has issued a 33-page order that spells out the changes to the state’s parenting time rule
and guidelines. The amendments take effect March 1, 2013.
MoreCourt affirms man’s conviction of murder, feticide enhancement
November 21, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a defendant’s claim that the state should have to prove that he knew his estranged
wife was pregnant when he killed her in order to seek a sentence enhancement under the Indiana feticide enhancement statute.
MoreJustices: COA overreached on reversing trial court custody ruling
November 13, 2012
Dave StaffordThe Court of Appeals got it wrong when it reversed a trial court custody modification in favor of a child’s father,
the Indiana Supreme Court ruled Tuesday in one of the first opinions joined by Justice Loretta Rush.
MoreStatute granting DCS immunity applies to nearly all of family’s claims
October 17, 2012
Jennifer NelsonA case involving the Department of Child Services before the Indiana Court of Appeals Wednesday provided the court with two
issues of first impression – the interpretation of a statute relating to the agency, and the liberty interests that
may reside with extended family members involved in the lawsuit.
MoreJudicial Conference moves parenting time guidelines forward, minus parenting coordination
September 19, 2012
IL StaffThe board of directors of the Indiana Judicial Conference approved proposed changes to the state’s parenting time guidelines
Sept. 14 and sent them to the Supreme Court for review. However, the guidelines were sent on without any suggestions on parenting
coordination.
MoreMom’s progress leads court to reverse termination
August 13, 2012
Dave StaffordA Grant County mother who lost parental rights to twin children won a reversal of the termination order after the Indiana
Court of Appeals noted her progress in areas of concern to the Department of Child Services.
MoreCourt of Appeals orders trial court to re-evaluate child support order
August 9, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed the part of a custody order modifying child support, finding the trial court miscalculated
the mother’s current income and made other errors.
MoreCOA: mentally handicapped parents not immune from termination proceedings
June 29, 2012
Jennifer NelsonThe Indiana Court of Appeals declined to grant a mother’s request to carve out an exception in involuntary termination
of parental rights cases for parents who are mentally handicapped. The Tippecanoe County mother claimed her children shouldn’t
be removed from her care because of her mental faculties.
MoreQuestion about residency leads to reversal in insurance case
April 23, 2012
IL StaffBecause a genuine issue of material fact exists as to whether a teenager lived with his mother or father, an appellate panel
has remanded the matter for trial.
MoreTrial court erred in modifying custody in favor of father
March 30, 2012
Jennifer NelsonA trial court’s decision to grant a father’s motion to modify custody and prevent his ex-wife from relocating
with their son was clearly erroneous, the Indiana Court of Appeals concluded in reversing the decision. The lower court ruling
virtually ignored the immense benefit the mother’s new position in Tennessee would bring to her and her son.
MoreCourt rules on child support, parenting time modifications
March 27, 2012
Michael HoskinsThe Indiana Court of Appeals has ruled on a case involving parenting time and child support issues between a mother and father.
MoreJudges affirm change in custody
March 19, 2012
Jennifer NelsonThe Indiana Court of Appeals has upheld the modification of a custody order giving the father primary custody of his son,
finding the trial court didn’t abuse its discretion in deciding that the boy’s physical and mental/academic maturation
constituted a substantial change warranting the change in custody.
MoreWomen's Bench Bar Retreat to host COA
February 27, 2012
IL StaffThe 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.
MoreOn rehearing, COA affirms original opinion
February 14, 2012
Jenny MontgomeryOn 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.
MoreCourt erred in granting change of judge
February 8, 2012
Jennifer NelsonThe 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.
MoreComment sought on proposed changes to parenting time guidelines
February 8, 2012
IL StaffThe Indiana Judicial Center’s Domestic Relations Committee is seeking comment on proposed changes to the parenting time
guidelines, which includes parenting coordination guidelines.
MoreCOA: Court erred in not granting request for change of judge
January 30, 2012
Jenny MontgomeryIndiana’s appellate court has reversed a trial court in denying a mother’s request for change of judge in a custody
dispute.
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Court Calendar
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.