Gibson Co. judge facing 4 disciplinary charges for conduct in child welfare cases
A southwestern Indiana judge is facing a slew of judicial disciplinary charges for alleged misconduct in his handling of two child welfare cases.
Family Law
Articles
Coming home: Courts, families celebrate National Adoption Day with fanfare, emotion
Since 2012, the Indiana Supreme Court has authorized video and audio coverage of certain uncontested adoptions in recognition of National Adoption Month each November. Numerous trial courts have put together celebrations for families this year.
Divided COA reverses CHINS adjudications
A split appellate panel has reversed two child in need of services adjudications, finding a trial court’s decision was clearly erroneous. However, a lone judge dissented, opining that the Department of Child Services met its burden of proof.
Foster parents can sue DCS, but not case manager, COA rules
Foster parents whose efforts to adopt two foster children fell through can proceed with their negligence and defamation claims against the Indiana Department of Child Services, but not against a DCS caseworker, the Court of Appeals of Indiana has ruled.
Dillman: Using elder law mediation to address aging issues
With the help of elder law mediation, the families can each consensus on aging issues without an expensive courtroom battle.
Makris: The family law attorney’s guide to the Community Justice Center
With the opening of the new Marion County Community Justice Center come many exciting upgrades to the courtroom experience. While the move from the City-County Building marks the nostalgic end of an era, the CJC offers modern and innovative features that will serve as valuable assets to the family law trial attorney.
Soshnick: The UPMAA: The future for Indiana postmarital agreements?
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.
IndyBar: Emancipation and IV-D
The Marion County Prosecutor’s Office can be very helpful to parents (both custodial and noncustodial) that have children emancipating.
Food and fun part of reunification celebration: 3rd annual event gives families sustenance, emotional boost
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.
COA: GAL wrongly appointed in grandparent visitation dispute
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.
7th Circuit dismisses CHINS lawsuit challenging Indiana’s foster care system
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.
Law prioritizing adoptions to Native American families faces U.S. Supreme Court review
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.
Senate Bill 180 reignites conversation about direct representation for CHINS, TPR proceedings
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.
COA examines whole picture in finding for father in adoption fight
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.
Makris: Parenting Time Guidelines: ‘Shared parenting’ new in 2022
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.
Soshnick: Marital property in Indiana: What words to trust?
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 […]
COVID-fueled conflict: Family law attorneys say pandemic has made clients more angry and emotionally distressed
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.
Parents of SW Indiana girl sue city after she drowns in pool
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.
Judicial bench card tackles alcohol use disorder in family law cases
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.
Soshnick: The mystery of rehabilitative maintenance in Indiana
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.