Visitation

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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Judges deny stepfather’s request to adopt children

April 29, 2014
Jennifer Nelson
A mother’s deliberate decision to thwart the attempts of her ex-husband to communicate with their two small children supports the trial court’s decision to deny her current husband’s attempt to adopt the children, the Indiana Court of Appeals concluded Tuesday.
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Parallel parenting provision divides COA

April 22, 2014
Marilyn Odendahl
In reversing a trial court’s modification of the custody agreement even though neither parent requested a change in custody, the Indiana Court of Appeals split over how much discretion a Parallel Parenting Time Order grants a court.
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COA affirms order allowing grandparent visitation with deceased son's daughter

April 9, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday upheld the order granting visitation to the paternal grandfather of a child whose father killed himself before her birth. But one judge had reservations about the visitation arrangements.
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Court affirms custody modification after mom’s move

March 31, 2014
Dave Stafford
A Vincennes father lost his appeal of a modification of custody order that granted sole physical custody to his child’s mother after she moved 180 miles away to start a new family with her fiancé.
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Order prohibiting boyfriend from spending time with children too broad

December 12, 2013
Jennifer Nelson
The longtime boyfriend of a mother of triplets should be allowed to continue his relationship with her children as long as it does not undermine or damage the relationship with their father, the Indiana Court of Appeals ruled Thursday. As such, the judges reversed the order preventing the boyfriend from spending time with the children alone.
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Mother who was abused may be required to help fund father's supervised visitation

November 27, 2013
Dave Stafford
The Indiana Court of Appeals has ruled that a domestic violence victim whose earnings since have increased may have to pay for supervised child-visitation services that the father is unable to afford.
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Judges affirm man must pay $5,000 in attorney fees to ex-wife

November 26, 2013
Jennifer Nelson
An Allen County man was unsuccessful in his attempts to persuade the Indiana Court of Appeals to reverse the order he pay $5,000 in attorney fees to his ex-wife in litigation over their child’s contact with the ex-wife’s new husband.
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Text messages properly admitted in custody dispute

November 20, 2013
Jennifer Nelson
The Indiana Court of Appeals held Wednesday that evidence presented during a custody modification hearing laid a sufficient foundation for the admission of text messages between the mother and father. 
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Appeals panel rules former same-sex partner has standing to seek visitation

October 31, 2013
Dave Stafford
A former same-sex domestic partner of a woman who gave birth to a child has standing to seek visitation, the Indiana Court of Appeals ruled Thursday, reversing a trial court in an opinion begging lawmakers to speak to the rights of same-sex couples in parenting disputes.
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COA still finds supervised visitation argument moot

October 10, 2013
Jennifer Nelson
After acknowledging that a father did file a reply brief arguing the issue of supervised parenting time was not moot, the Indiana Court of Appeals on rehearing still found his argument to be moot.
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Participation in travel soccer league supports modifying custody

October 9, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a mother’s request to modify a custody order entered in 2007 when her children were in grade school, finding their participation in travel soccer leagues and the distance between the parents’ homes warrants a change.
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‘Illegal alien’ remark leads to attorney’s suspension; case involves embattled judge

September 13, 2013
Dave Stafford
Representing a father in a child visitation dispute, a Martinsville lawyer’s letter to opposing counsel alleging the mother was an illegal alien resulted in a 30-day suspension.
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Uncle has no statutory right to post-adoption visitation

July 30, 2013
Marilyn Odendahl
An uncle’s post-adoption visitation rights were overturned on the grounds that he was not within any statutory category of individuals entitled to visitation rights.
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Justices: Order giving grandmother visitation rights is void

July 18, 2013
Jennifer Nelson
Because a grandmother did not have standing under the terms of Indiana’s Grandparent Visitation Statute to pursue visitation, the Indiana Supreme Court affirmed the trial court’s finding that an original order granting visitation is void. The woman wanted to see her two grandchildren whose mother was murdered by the grandmother’s son.
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Indiana grandparents petitioning for visitation face long odds

July 17, 2013
Marilyn Odendahl
The courts are limiting relatives' rights while the Indiana General Assembly seeks to expand them.
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Justices slam agreement to no parenting time, no child support

June 26, 2013
Jennifer Nelson
The Indiana Supreme Court had harsh words Tuesday for parents and attorneys who enter into agreements that stipulate giving up parenting time in lieu of paying child support. There must be extraordinary circumstances to justify denying parenting time.
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Court affirms giving father custody after mother denies parenting time

May 24, 2013
Jennifer Nelson
A 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.
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COA reverses vacation of grandparent visitation

March 27, 2013
Jennifer Nelson
Even though a grandmother lacked standing to pursue a grandparent visitation order when it was granted, the trial court erred in later vacating the order, the Indiana Court of Appeals ruled. The grandchildren’s guardians’ objections to the grandmother’s lack of standing were waived when they failed to appeal the original order.
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Justices remand for more proceedings on grandparent visitation order

March 7, 2013
Jennifer Nelson
After 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.
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Bills on magistrates; custody and visitation pass House

February 21, 2013
IL Staff
The 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.
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Court reverses grant of custody to grandmother

January 31, 2013
Jennifer Nelson
Finding 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.
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