Custody
Foster families get in free to Marengo Cave
October 6, 2011
IL StaffThanks 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.
MoreJudges extend due process safeguards regarding interpreters to civil cases
October 4, 2011
Jennifer NelsonA trial court must take the same steps in a civil action as it does in a criminal action regarding the use of an interpreter
in order to address due process concerns, the Indiana Court of Appeals held for the first time Tuesday.
MoreCOA: Judge can cite statutes and facts not in CHINS petition
July 6, 2011
Michael HoskinsThe Indiana Court of Appeals has found that a Hendricks Superior judge didn’t step outside his authority when referencing
statutes and facts not specifically cited in a Department of Child Services petition alleging two minor boys were Children
in Need of Services.
MoreProposed rules provide uniformity for parenting coordinators
May 25, 2011
Jennifer NelsonThe use of parenting coordinators is increasing around the state. But depending on where you are in Indiana, the authority
of the parenting coordinator – PC – may differ. In an effort to create uniformity, rules are being proposed that
would regulate the role and authority of PCs.
MoreCOA rules in favor of mother in contentious custody battle
May 24, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a trial court’s decision awarding a mother primary custody of her child, after
a joint custody arrangement between the mother and father deteriorated.
MoreCommittees propose new rules for parenting coordination
April 26, 2011
Jennifer NelsonThe Domestic Relations Committee and Alternative Dispute Resolution Committee of the Judicial Conference of Indiana have developed
proposed parenting coordination rules and commentary. Parenting coordinators are used to help resolve disputes between parents
regarding children. Currently, there are no existing Indiana Supreme Court rules covering the area.
MoreOpen house Thursday for court agency office
April 20, 2011
IL StaffThe Domestic Relations Counseling Bureau is holding an open house Thursday for its new offices in the City-County Building
in downtown Indianapolis. The 40-year-old court agency provides recommendations to the court for custody and visitation.
MoreCourt splits on standard used to modify custody
April 14, 2011
Jennifer NelsonEven though the trial court departed from established statutory procedures by using the “best interests” standard
to modify physical custody, the majority of Indiana Court of Appeals judges affirmed the lower court’s decision.
MoreJudges split on child support modification
March 25, 2011
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism
over fairness and legalism over common sense.”
MoreEncouraging diversity in CASA programs
March 16, 2011
Rebecca BerfangerHaving volunteers and staff who can relate to families that interact with Court Appointed Special Advocates programs has proven
invaluable to a number of county-level CASA programs in Indiana. Indianapolis-based Child Advocates Inc. received the National
CASA Inclusion Award for its inclusion and diversity plan March 20 at the National CASA conference in Chicago.
MoreCOA: Summons should notify of risk of default judgment
February 24, 2011
Jennifer NelsonDue process requires that a respondent in a dissolution proceeding be notified of the risk of default for not appearing or
otherwise responding, the Indiana Court of Appeals held Thursday. The judges reversed a couple’s decree of dissolution,
ruling it was void because the summons served on the wife was insufficient.
MoreJustices adopt COA adoption holding, invite attorney fee motions
February 17, 2011
Michael HoskinsThe Indiana Supreme Court has granted transfer on a St. Joseph County adoption case and fully adopted a holding by the state’s
intermediate appellate court. In doing so, the state justices invited the prevailing biological mother to request attorney
fees because of what it found to be possible frivolous or bad faith efforts.
MoreJustices uphold modification of physical custody to father
February 8, 2011
Jennifer NelsonA majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s
decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to
support the modification.
MoreCOA reverses father's visitation of adopted daughter
February 7, 2011
Jennifer NelsonAlthough 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.”
MoreCourt clarifies rules relating to filing deadlines
January 17, 2011
Michael HoskinsFiling deadlines are important for attorneys in any case. But some recent confusion in a child custody appeal brought to light
some uncertainty about how the state’s appellate rules compute some of those deadlines when “non-business days”
or “calendar days” are applied to the motions practices before the Court of Appeals and Supreme Court.
MoreCOA offers suggestion about judicial notice rule
December 29, 2010
Michael HoskinsA paternity and child custody case has given the Indiana Court of Appeals a chance to examine a newly amended evidence rule
for the first time, while simultaneously offering guidance to trial judges about using publicly accessible information to
dispose of cases.
MoreJustices vacate adoption decree
December 17, 2010
Jennifer NelsonThe Indiana Supreme Court ordered the adoption decree granted to paternal grandparents be vacated because they didn’t
perform a diligent search for the biological mother.
MoreCourt reverses because of DCS notification policy
December 7, 2010
Michael HoskinsThe 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.
MoreJudges uphold denying visitation to ex-partner
December 7, 2010
Jennifer NelsonThe Indiana Court of Appeals ruled today that lawmakers didn’t intend to allow parents to establish joint custody with
third parties under Indiana Code Section 31-17-2-3 by simply filing a joint petition with a trial court. Doing so would allow
parents and third parties to circumvent the requirements of the Adoption Act.
MoreDiversity issues affect family law
November 10, 2010
Rebecca BerfangerWhile family law cases can be complicated – especially if children are involved and a case has ended up in front of
a judge after the parties couldn’t come to an agreement on their own through mediation – the issues only get more
complicated when fundamental differences exist between the parties.
MoreJuvenile's records not protected by counselor/client privilege
October 20, 2010
Jennifer NelsonThe Howard Superior Court erred in finding that the counselor/client privilege prevented the admission of a son’s counseling
records during a custody modification hearing, the Indiana Court of Appeals ruled today.
MoreJudges: no private cause allowed for not reporting abuse, neglect
June 10, 2010
Michael HoskinsStanding behind a decision made by appellate judges about 20 years ago, the Indiana Court of Appeals has again declined to
interpret state statute in a way that allows for a private right of action for failing to report child abuse or neglect.
MoreJustices asked to revisit Indian family law
June 9, 2010
Michael HoskinsAt least one Indiana Court of Appeals judge believes the state’s highest court should revisit how it applies a three-decade
old statute to tribal Indian family adoption issues inside Indiana.
MoreJudges rule on custody issues
March 30, 2010
Jennifer NelsonWhen modifying custody, the change in circumstances required by Indiana Code doesn't need to be so decisive in nature
as to make the change necessary for the child's welfare, the Indiana Court of Appeals ruled today.
MoreCourt remands custody case for new hearing
September 24, 2009
Jennifer NelsonAlthough all three Indiana Court of Appeals judges came to conclusion that the trial court should revisit its order to grant
full custody of a child to her abusive father, the judges differed as how the trial court should have approached the matter.
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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.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.