COA: Trial court erred by forbidding father’s discussion of religion with child
The Court of Appeals of Indiana has reversed a trial court’s custody order barring a father from discussing religion with his daughter.
Custody
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Indianapolis mom celebrates reunification with son after 10-year battle
For Keely Tackett, having her son, Baron, home was the end of a nearly 10-year struggle during which she had to continually convince the courts, social workers, therapists and sometimes even herself that she was a fit mother and could care for her oldest child.
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‘It all starts with the family’
With a pending move to a new courthouse, Marion County Courts are launching a new family division that aims to follow a one family, one judge model.
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Articles
IndyBar: Wrapping up Another Year in Custody Land
Another year has come and (almost) gone and another holiday season is upon us. Another season of working with clients to make sure their holiday plans are solid so their families can have enjoyable holiday seasons.
Father who lost custody after relative’s sexual abuse loses appeal
A father who lost primary custody of his daughter after she was molested by her cousin failed to find relief from the Court of Appeals of Indiana.
2nd time around, COA affirms modification of custody in father’s favor
After overturning a previous modification order because the mother was unrepresented, the Court of Appeals of Indiana has affirmed the trial court’s second order giving the father primary custody of his two girls.
Reversal: Joint custody not supported, trial court must choose which parent will get sole custody
The Court of Appeals has reversed a custody arrangement for a feuding couple, ordering the Warrick Circuit Court to choose which parent will have sole custody of their child after concluding the case’s findings did not support the award of joint legal custody.
Interstate custody battle creates UCCJEA precedent: Photos and recordings kept by woman convinced Indiana court to decline jurisdiction
In March of 2021, Aubrey Shoemaker grabbed her child and fled from Indiana to the safety of her family in Alabama. The next day, she walked into an Alabama courthouse and filed a petition for an order of protection against her husband, Austin Shoemaker. Three days later, Austin filed for divorce and emergency custody of his child in Henry Circuit Court. Thus started a fight that initially involved two trial courts in different states issuing conflicting orders.
Father wins reversal on parenting time, child support orders, but child will remain with grandparents
A father whose child will remain in the custody of her grandparents has secured a reversal from the Court of Appeals of Indiana after it found the trial court abused its discretion in determining both his parenting time and child support obligations.
Justices rule for American woman in bitter custody dispute
The U.S. Supreme Court ruled unanimously Wednesday for an American woman who is involved in a bitter international custody dispute with her Italian husband over their young son.
Grandmother secures reversal in child custody case against father
A grandmother who says she helped “pick up the pieces” of her grandchild’s life after the minor was molested in her father’s home has secured a reversal from the Court of Appeals of Indiana in a custody battle.
COA splits over custody modification, rules against mom who proceeded pro se after attorney quit
A split Court of Appeals of Indiana has affirmed a child custody switch from mother to father, finding that although the mother had to proceed pro so at the custody hearing, she was not prejudiced by the denial of her motions to continue after her counsel quit.
Reversal: Divorce court violated parents’ 1st Amendment rights via ‘non-disparagement clause’
A non-disparagement clause drafted into a couple’s divorce order to prevent the parents from talking badly about each other even outside of the presence of their child was an unconstitutional prior restraint on speech, the Court of Appeals of Indiana ruled in a partial reversal.
Rehearing: COA inaccurately characterized underlying proceedings in de facto custodian case
A Fort Wayne couple trying to secure de facto custody of a child they temporarily raised in their home did not persuade the Court of Appeals of Indiana on rehearing that it should change its mind in determining the child was best suited to live with her mother, not them.
Unchanged situation justifies custody reversal, COA rules
Divorced parents who feuded so much they were described as having “drawn their swords” battled over custody of their child such that two trial court judges differed on which parent should have primary custody, but the Court of Appeals of Indiana determined the considerations of the case “make it rather straightforward” that the father should be the primary custodial parent.
COA reverses custody change for man who didn’t appear at hearing
A Bloomington man who claimed he never received notice of a court hearing established prima facie error in a case where the mother of his child was awarded custody and parenting time, prompting the Court of Appeals of Indiana to reverse and remand to the trial court.
COA upholds custody modification in father’s favor
An Indiana-based father was properly awarded primary custody of his two children who until recently had lived with their mother in North Carolina, the Court of Appeals of Indiana has ruled.
Justices deny transfer to child custody case, but David dissents based on decisions that ‘circumvent’ appellate rule
The Indiana Supreme Court has denied transfer to a child custody case reversed by the Court of Appeals of Indiana, but one justice dissented with multiple concerns, including the “increasing number of appellate opinions that explicitly circumvent Appellate Rule 65(E).”
COA affirms custody of child to stepfather over biological father’s appeal
A stepfather may keep legal and physical custody of his ex-wife’s child despite objections from the biological father, the Court of Appeals of Indiana has ruled.
Portland woman’s conviction upheld in death of child’s father
The Indiana Court of Appeals has upheld the murder conviction of a woman who arranged the killing of her young daughter’s father amid a custody battle over the child.
COA affirms custody, child support awarded to grandmother after child’s father dies
The Court of Appeals of Indiana rejected multiple arguments in a mother’s appeal for the custody of her child Tuesday, affirming the Hancock Superior Court’s ruling that it’s in the best interest of the child to live with his paternal grandmother and that the mother must pay child support despite the child receiving survivor benefits.
Appellate court affirms custody modification to father
A juvenile court acted within its discretion when it awarded sole custody of a couple’s children to the father after the mother was arrested for multiple alcohol-related incidents and provided questionable living arrangements, the Court of Appeals has ruled.