Family Law

House approves domestic violence bill on phone plans, pets

March 21, 2017
 Associated Press
The Indiana House has approved a bill enabling domestic violence victims to retain their phone numbers and to protect pets when they leave an abusive relationship.
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COA reinstates father’s parental rights, terminates mother's

March 13, 2017
Olivia Covington
The Indiana Court of Appeals has allowed a Huntington County father to retain his parental rights to his son but terminated the mother’s parental rights after finding that she has not remedied the circumstances that led to her son’s removal from her home.
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Birth certificate battle moves to 7th Circuit

February 8, 2017
Marilyn Odendahl
The new Indiana administration does not want to recognize non-birth mothers as parents.
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COA affirms rulings in division of military pension

January 13, 2017
Dave Stafford
A man who sought to void trial court orders that granted his ex-wife a portion of his military pension lost his interlocutory appeal Friday.
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Cassman: Proper notice in indirect civil contempt proceedings

January 11, 2017
Indirect civil contempt is the most common filing used to enforce family law orders. One of the typical defenses to an allegation of contempt is that the contempt allegations have not been properly pled. Both the Indiana Supreme Court and the Indiana Court of Appeals have addressed the issue of notice in recent cases.
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COA restores mother’s parental rights after incarceration

November 10, 2016
Olivia Covington
A mother’s parental rights to her two children will be restored after the Indiana Court of Appeals found Thursday that the state Department of Child Services failed to prove that removing the children from their mother was in their best interests.
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Appellate panel reverses parenting time for remote ex-boyfriend

November 9, 2016
Olivia Covington
The Indiana Court of Appeals has reversed a lower court order granting a man visitation with his ex-girlfriend’s daughter, concluding that third-party visitation should only be granted if it is in the best interests of the child.
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COA awards custody to father, orders assets redivided

October 28, 2016
Olivia Covington
After a couple’s contentious battle in court over custody of their children and possession of their home, the Indiana Court of Appeals decided Friday their marital estate had not been correctly divided. However, the appellate court affirmed the decision to award custody of the children to their father.
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Domestic relations, tax sale case designations to change

September 26, 2016
IL Staff
Domestic relations case-type designations will change in 2017, from “DR” for all case types to “DC” for cases in which children are involved and “DN” for those without children. The change was announced in an Indiana Supreme Court order issued Friday.
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Property award to ex-girlfriend of longtime boyfriend affirmed

September 14, 2016
Jennifer Nelson
A trial court correctly awarded certain property to a woman who filed a complaint against her longtime partner for unjust enrichment after the two broke up after a 17-year relationship, the Indiana Court of Appeals held.
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Justices reinstate father’s parental rights

August 16, 2016
Jennifer Nelson
A trial court’s findings do not “clearly and convincingly support” its decision to terminate a father’s parental rights to his son based on it being in the best interests of the boy. In fact, the findings show that the father and son have a bond and often spend time together, the Indiana Supreme Court found Tuesday.
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State fighting birth certificate ruling

August 15, 2016
Marilyn Odendahl
Married same-sex female couples who challenged Indiana’s refusal to recognize the non-birth mothers on their children’s birth certificates reiterate that they want to be treated in the same manner as heterosexual couples – no more, no less. The state, which intends to appeal a ruling finding Indiana's paternity statutes to be unconstitutional, is first asking the judge to take another look at her ruling.
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COA affirms woman in same-sex relationship legal parent of child

August 15, 2016
Jennifer Nelson
The Indiana Court of Appeals on Monday affirmed a trial court’s conclusion that a lesbian couple who entered into a registered domestic partnership in California should be treated like married spouses. As such, the judges affirmed the award of joint legal custody and parenting time to the non-biological parent after the couple broke up.
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IU McKinney launching Child Advocacy Law Clinic

August 15, 2016
IL Staff
Students at Indiana University Robert H. McKinney School of Law will have the opportunity to work with Marion County’s Child Advocates starting this fall when the new Child Advocacy Law Clinic opens.
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Mother to be sanctioned for willfully denying parenting time

July 29, 2016
Jennifer Nelson
A mother that has prevented her son from seeing his father since 2009 and purposefully disobeyed parenting time orders and contempt orders must be sanctioned, the Indiana Court of Appeals ruled Friday.
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COA: Father should have custody of children

July 28, 2016
Jennifer Nelson
Children who were afraid of their stepfather and whose behavior changed after their mother remarried should now be in the custody of their father, the Indiana Court of Appeals affirmed Thursday.
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Father must still pay part of son’s college expenses, COA holds

July 27, 2016
Jennifer Nelson
The Indiana Court of Appeals agreed that a teenager has not repudiated his relationship with this estranged father and affirmed the trial court’s ruling that the boy, his mother, and his father must each pay a third of his college expenses.
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Safe Families effort wins favor in Legislature

July 27, 2016
Marilyn Odendahl
A new law furthers the group’s power of attorney arrangement in order to keep kids out of the child welfare system.
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Eichholtz: Effects of opioid overdose on third-party custody issues

July 27, 2016
Opioid and heroin abuse or overdose commonly result in the temporary removal of a child from the custody of her natural parents; prevention of reunification with natural parents; or termination of parental rights. Thus, family law practitioners would be well suited to review the relevant statutes and case law involving custody and third-party custody proceedings, among other things.
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Christensen/Laurin: Should lawyers report child abuse learned in representation?

July 27, 2016
When — if ever — is it appropriate for an attorney to report child abuse learned through client representation? The answer centers on the difference between confidentiality and privilege.
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State's parenthood laws ruled unconstitutional

July 13, 2016
Marilyn Odendahl
Indiana’s married lesbian parents win the right to be listed on their child’s birth certificate.
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Judge: Indiana’s parenthood statutes violate constitutional rights of same-sex couples

June 30, 2016
Marilyn Odendahl
Indiana married same-sex couples have won the right to both be listed as parents on their children’s birth certificates.
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Justices: Divorced parents don't have to pay graduate school costs for their children

June 1, 2016
Scott Roberts
In a unanimous decision, the Indiana Supreme Court ruled divorced parents cannot be obligated to pay the graduate or professional school expenses of their adult children in a case where a mother and father were forced to share a child’s dental school expenses after she completed her undergraduate degree.
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Justices: Custody petition permitted during CHINS case

April 13, 2016
Scott Roberts
The Indiana Supreme Court reversed a trial court, ruling an aunt and uncle could bring a custody action despite a child in need of services case that was pending for the child in Posey Circuit Court.
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Lesbian spouses challenge Indiana birth certificate law

April 11, 2016
 Associated Press
An attorney for eight married lesbian couples argued Friday that the state of Indiana is discriminating against them by not allowing both women to be listed on their children's birth certificates, echoing a dispute that has led to similar lawsuits in several other states.
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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