The terms “reconciliation agreement,” “postnuptial agreement,” “postmarital agreement,” “separation agreement,” “marital agreement” and “settlement agreement” have been the subject of considerable Indiana appellate court commentary without legislative guidance.
The Marion County Prosecutor’s Office can be very helpful to parents (both custodial and noncustodial) that have children emancipating.
By midmorning on a sunny June 24, the tents were pitched around the parking lot located on the east side of Indianapolis, the folding tables were overloaded with food and household items, and dance music was thumping from the DJ’s sound system. The work was being done as part of the Reunification Month Community Event in Indianapolis, which celebrates the parents who have been able to overcome their struggles and regain custody of their children.
A guardian ad litem should not have been appointed in a visitation dispute between a mother and her child’s grandfather after he was denied more than a year’s worth of visitations, the Court of Appeals of Indiana has ruled, remanding to determine if a modification of the parties’ agreement is in the child’s best interests.
The 7th Circuit Court of Appeals has dismissed a lawsuit pushing for better treatment of children in Indiana’s foster care system, finding it difficult to determine what options for relief are open to a federal court but closed to a CHINS court.
A 44-year-old federal law championed as a means of preserving Native American culture by preventing the removal of children from their homes and tribes is being challenged on constitutionality grounds — and the U.S. Supreme Court has agreed to hear it.
Indiana is one of just six states that does not require counsel for children in child welfare cases in any situation, according to the National Association of Counsel for Children. Although Indiana Code § 31-32-4-2 does give state court judges the discretion to appoint counsel for children in child welfare cases, stakeholders say the Hoosier State could be forced to implement a direct representation program either through lawsuits filed by national children’s rights organization or federal legislation that Congress is considering.
The Indiana Court of Appeals found “totality of the circumstances” required the denial of a petition to adopt even though the father had not paid child support in 13 months and state statute allows for adoption without parental consent when child support has not been paid for one year.
Changes are coming to the Indiana Parenting Time Guidelines (IPTG) beginning Jan. 1. While the Child Support Guidelines must be reviewed every four years pursuant to federal law, the IPTG have no required review period. Thus, the amended guidelines include the most profound changes since the revisions were enacted in 2013.
By Andrew Z. Soshnick The treatment of trust interests as marital property under Indiana law has an underdeveloped and confusing history. The 1973 Indiana Dissolution of Marriage Act and statutory amendments do not directly address the issue of what trust interests are marital property. Likewise, few appellate opinions attempt to clarify when trust interests are […]
The coronavirus has added a dose of anxiety and emotional distress that is causing an unprecedented level of conflict between spouses and ex-spouses, according to family law attorneys.
The parents of a 5-year-old girl who drowned last summer in a southwest Indiana city’s swimming pool are suing the city and the child’s foster parent, accusing them of negligence in her death.
Bench cards offer judges additional guidance and instruction on a variety of topics, and judicial officers presiding over family law matters now have access to an extra resource concerning alcohol consumption.
Until Indiana rehabilitative maintenance law is refined, the underuse, misapplication and perplexing nature of that statute is almost certain to continue with no end in sight.
With an ultimate goal of improving access to justice in family law cases, the Family Law Taskforce of the Indiana Supreme Court’s Innovation Initiative nailed down more than a dozen recommendations, with five being considered “essential for reform.” Now, that final report is headed to the Indiana justices.
On July 15, the federal government began giving parents advancements on their 2021 Child Tax Credit. For some divorced parents, the advance is causing confusion and fueling conflicts about who is entitled to the money.
A Fort Wayne family law practitioner will join the judiciary next month as the newest magistrate judge of the Allen Superior Court Family Relations Division.
The Supreme Court on Thursday unanimously sided with a Catholic foster care agency that says its religious views prevent it from working with same-sex couples as foster parents. The justices said the city of Philadelphia wrongly limited its relationship with the group as a result of the agency’s policy.
An order awarding $15,000 in attorney fees to a mother after her ex-husband sought to modify custody and child support will stand, the Indiana Court of Appeals has ruled. It found the fees weren’t barred by res judicata or the law of the case doctrine.
A lot has changed in both our professional and personal lives since March of 2020, but not all of them have been bad.