Cameras permitted in courts to celebrate National Adoption Day
Hoosier families celebrating adoption later this year will have the chance to commemorate the experience with cameras in the courtroom.
Family Law
Articles
New DCS laws bringing changes to agency, foster parent system
Holding her infant foster daughter, attorney Kiamesha Colom explained in simple terms a 13-page bill that revamps parts of Indiana’s foster care system. Come July 1, she and her husband, like other long-term foster parents around the state, will be able to have more of a say in the care and protection of their baby.
Supreme Court upholds father’s removal as administrator of son’s estate
The Indiana Supreme Court has upheld the removal of a father as the special administrator of his deceased son’s estate, writing that trial courts should hold hearings on special administrator appointments to avoid confusion caused by a “race to the courthouse.”
Res judicata leads to remand of CHINS determination
Saying it was “troubled” by how the Department of Child Services chose to litigate two nearly back-to-back child welfare cases, the Indiana Court of Appeals has ordered a trial court to re-evaluate a 2018 CHINS petition without relying on facts that were available for litigation during a 2017 CHINS proceeding.
COA: Prenup enforceable despite missing list of wife’s excluded property
The Hendricks Superior Court erred in throwing out a couple’s prenuptial agreement in their divorce case despite conflicting testimony over how much the wife owned before her husband filed to dissolve the marriage. The Indiana Court of Appeals on Monday remanded the case to enforce the prenup.
Discovering long-lost family: Inheritance laws cover surprise relatives, but changes possible
Off-the-shelf DNA test kits and online genealogical searches are connecting previously unknown extended family members and sometimes alerting children their dad is actually not their biological father. Could a claim to an estate be far behind?
COA affirms termination of parent-child relationship
A drug-addicted mother couldn’t convince the Indiana Court of Appeals to reconsider the termination of her parent-child relationship with her young daughter after the panel concluded there was sufficient evidence to prove the removal was in the child’s best interests, even if some of it was admitted in error.
State argues more lawyers not needed in CHINS, TPR cases
In response to a lawsuit seeking to require the state appoint attorneys to represent children in termination of parental rights or children in need of services proceedings, Indiana is arguing that adding more lawyers would only flatter the legal professionals and not mollify tragic circumstances.
CHINS case dismissed for untimely fact-finding hearing
A child in need of services case has been dismissed after an appellate panel concluded that a mother’s motion to dismiss because the fact-finding hearing was not completed within the statutory timeframe was incorrectly denied by the trial court.
Reversal: Wife’s protective order against husband lacks evidence
There wasn’t enough evidence to prove a woman in the middle of a divorce need a protective order, the Indiana Court of Appeals ruled, finding there was no evidence her husband was stalking her.
Web Exclusive: Supported decision making makes strides
After three years of collaboration and research, efforts to create more options of independence for Hoosiers who face the confines of a guardianship have come to fruition. Those new options include legal recognition of supported decision making.
Despite dissolution petition, Carmel family law firm not shuttering
Despite the filing of a dissolution petition, prominent Indianapolis-area divorce law firm Hollingsworth & Zivitz, P.C., is not ceasing operations.
Father convicted of murdering children’s mother denied TPR appeal
An imprisoned father who murdered the mother of his children and burned down her home lost his appeal of the termination of his parental rights after an appellate court concluded that the children were better off out of his care.
Named partner files to dissolve divorce firm Hollingsworth & Zivitz
A failed mediation attempt has led to court proceedings to dissolve a prominent Indianapolis-area divorce law firm. Kena Hollingsworth of Hollingsworth & Zivitz, P.C., filed a petition for dissolution of her Carmel firm in Kena S. Hollingsworth v. Hollingsworth & Zivitz, P.C., and Christina M. Zivitz, 29D02-1904-PL-003832, writing that a “deadlock” exists between her and partner Christina Zivitz over the management of the firm.
Biological dad’s paternity petition dismissed
The Indiana Court of Appeals has rejected the petition of two biological parents to establish paternity for their child after the appellate court concluded the mother could not collaterally attack a previous paternity finding for another man who assumed he was the father.
General Assembly passes DCS reforms
As Senate Enrolled Act 1 was heading for its third and final reading in the Indiana House of Representatives, Rep. Vanessa Summers reminded her colleagues that their work in helping reform the Department of Child Services is not finished.
‘Tweaks’ proposed to Indiana Child Support Guidelines
Proposed revisions to the Indiana Child Support Guidelines are currently open for comment. The guidelines are reviewed every four years in accordance with federal law, and attorneys described the proposals as tweaks and adjustments to align the courts with the ongoing evolution of family structures.
COA reaffirms trial court should hear grandparents’ visitation argument
The Indiana Court of Appeals reiterated that a pair of grandparents seeking to visit their deceased son’s child should be given their day in court.
COA’s error leads to rehearing, affirmation of TPR reversal
The Indiana Court of Appeals admitted it made an erroneous statement in reversing a termination of parental rights order and granted the Department of Child Services’ request for a rehearing. But the appellate panel Wednesday affirmed its initial opinion, concluding the error had no bearing its original ruling that a mother’s due process rights were violated.
IU McKinney international students prepare to fight for women, children back home
With fresh perspectives and experiences added to their legal toolbelts, two international Indiana University McKinney School of Law students are preparing to tackle human rights issues in their communities head on.