Visitation

Court affirms grandparents’ rights to visitation

February 19, 2016
Scott Roberts
The Indiana Court of Appeals affirmed the denial of a motion which would have denied grandparents visitation rights.
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Ryznar: Grandparent visitation 15 years after Troxel

January 13, 2016
Margaret Ryznar
Given continued high levels of divorce and out-of-wedlock births, the role of grandparents continues to be an important source of stability in some families. Thus, in 2015, grandparent visitation made several appearances on the Indiana court dockets.
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Justices block Alabama court order in lesbian adoption case

December 14, 2015
 Associated Press
The U.S. Supreme Court has sided with a lesbian mother who wants to see her adopted children, blocking an Alabama court's order that declared the adoption invalid.
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Incomplete contempt orders get reversed

August 31, 2015
Marilyn Odendahl
A trial court’s multiple contempt orders against a father have been overturned after the Indiana Court of Appeals found they did not “clearly and distinctly” state the reasons for the contempt citations.
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Grandmother granted too much visitation time, COA rules

August 28, 2015
Dave Stafford
A paternal grandmother was properly granted visitation time with her granddaughter, but the Indiana Court of Appeals ruled Friday the court abused its discretion by awarding too much visitation time.
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Justices reinstate grandparent visitation COA deemed excessive

July 31, 2015
Dave Stafford
The Indiana Supreme Court Thursday reinstated a trial court’s grandparent visitation order that included monthly overnight visits and other visitation that the Court of Appeals ruled was excessive.
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Woman convicted in baby’s death seeks visitation with daughter

July 1, 2015
 Associated Press
A northern Indiana woman who spent more than five years in prison for battering her infant who eventually died of the injuries has filed court document seeking visitation time with her other daughter.
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Wife loses appeal of custody arrangement, contempt finding

June 10, 2015
Jennifer Nelson
A trial court did not abuse its discretion when it found a wife in contempt of the court’s preliminary order regarding parenting time and visitation and when it entered a custody arrangement not requested by the parties, the Indiana Court of Appeals ruled Wednesday.
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Justices split, deny grandparent visitation appeal

June 8, 2015
Dave Stafford
Divided 3-2, the Indiana Supreme Court last week declined to hear the appeal of a grandparent stripped of visitation rights in a Court of Appeals ruling.
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Court of Appeals finds no standing post-adoption, suggests legislative remedy

February 25, 2015
Dave Stafford
An Indiana appeals court empathized with a grandmother’s situation, but it ruled the law gave the court no choice but to strip her of visitation with her granddaughter, whose mother – the grandmother’s daughter – had died.
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Appeals court strips grandmother’s visitation, cites grandchild’s adoption

February 6, 2015
Dave Stafford
An Indiana Court of Appeals panel Friday stripped a maternal grandparent of visitation rights, finding she had no standing to seek visitation. The parents of the child had divorced, and the father remarried shortly after the mother’s death.
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Appeals court remands grandparents’ visitation order

January 13, 2015
Dave Stafford
Grandparents rightly were awarded visitation with their granddaughter after their daughter died, but the Court of Appeals ruled Tuesday a trial court abused its discretion in establishing the amount of time grandparents could spend with the child.
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Grandparents lose second challenge of parental custody

December 18, 2014
Dave Stafford
Grandparents who largely were the sole caregivers of a child until about age 3 lost a second custody challenge and bid to regain visitation with the child.
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Appeals court affirms contempt over parenting-time violation

December 16, 2014
Dave Stafford
A mother who was found in contempt of court for failing to abide by court-ordered parenting time provisions got no relief Tuesday from the Indiana Court of Appeals.
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COA reverses custody evaluation granted to grandparents

November 26, 2014
Dave Stafford
A trial court that expressed in the record reservations about the legal status of granting a visitation evaluation sought by grandparents of children in the care or another grandparent had those doubts confirmed Wednesday when the Court of Appeals reversed.
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Evidence does not support grandparent visitation order, COA rules

November 24, 2014
Marilyn Odendahl
Finding the evidence did not support the trial court’s ruling, the Indiana Court of Appeals tossed a visitation order in favor of the maternal grandparents.
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Court reverses $1,660 attorney fee award in parenting time action

October 22, 2014
Jennifer Nelson
Because there is nothing in the record to show the court considered the resources of the parties when it awarded a guardian $1,660 in attorney fees, the Indiana Court of Appeals reversed Wednesday.
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Court properly denied grandmother visitation rights

September 30, 2014
Jennifer Nelson
A trial court properly ruled on a case as a petition for grandparent visitation, not as a modification of already established visitation, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a paternal grandmother’s request for visitation.
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Court must make findings in denying visitation for imprisoned dad

August 26, 2014
Dave Stafford
A man released to probation on a murder conviction but subsequently ordered to serve the remainder of his sentence following probation violations failed to persuade the Indiana Court of Appeals to reverse denial of his request for parenting time.
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Court affirms boy should stay in Indiana with father

August 15, 2014
Jennifer Nelson
Noting that its decision should not be viewed as a punishment for either parent, a trial court denied a mother’s request to move to California with  her son and ordered the boy remain in Indiana with his father. The Indiana Court of Appeals affirmed Friday, finding the father presented evidence that supported the trial court’s decision.
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Judge ‘troubled’ by delays in relocation case

August 7, 2014
Jennifer Nelson
The Indiana Court of Appeals Thursday upheld a mother’s decision to relocate from Indiana to Georgia with her daughter before a court hearing was held on the matter. But one judge on the panel found the court’s reliance on the time the mother and child lived in Georgia to support its decision “makes a mockery” of the relocation statute.
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COA rules grandparent visitation order prejudiced father

July 28, 2014
Dave Stafford
A father who asked the trial court for a continuance to hire a lawyer after he realized his child’s grandparents had hired an attorney was prejudiced when the request was denied, the Indiana Court of Appeals ruled Monday.
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Andrews: Can you protect the stepparent bond after a divorce?

July 16, 2014
A subsequent divorce between a biological parent and stepparent can have a devastating impact on the stepparent/stepchild relationship that often rivals that of a biological parent and child. This relationship is so significant that nine of our states recognize stepparents as having a right to seek visitation of a child.
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Divided COA reverses grandparent visitation order

July 15, 2014
Dave Stafford
Indiana Court of Appeals judges split on their views of the best interests of a child Tuesday, reversing a trial court order granting visitation to the paternal grandparents of a 4-year-old whose father committed suicide before the child was born.
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COA affirms order that child should remain in Indiana with father

June 26, 2014
Jennifer Nelson
Although the trial court erred in concluding that a Johnson County mother did not relocate to South Carolina for legitimate reasons, the court correctly ordered her son to remain in Indiana with his father, the Indiana Court of Appeals held.
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  1. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  2. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  3. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  4. I totally agree with John Smith.

  5. An idea that would harm the public good which is protected by licensing. Might as well abolish doctor and health care professions licensing too. Ridiculous. Unrealistic. Would open the floodgates of mischief and abuse. Even veteranarians are licensed. How has deregulation served the public good in banking, for example? Enough ideology already!

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