Court prevents mother from relocating to Hawaii with daughter
The Indiana Court of Appeals agreed with a trial court Wednesday that it is not in the best interests of a child to move to Hawaii with her mother and stepfather.
Family Law
Articles
Court affirms CHINS finding of child abandoned by parents
The Indiana Court of Appeals rejected arguments by parents that their son should have been found to be a child in need of services under Indiana Code 31-34-1-6 because he substantially endangers his own health or the health of his family members. The appellate judges affirmed the CHINS finding under I.C. 31-34-1-1 that the parents had abandoned the child once he was placed in an emergency shelter.
Automatic modification violates custody statute, COA rules
A trial court’s order automatically awarding custody of a minor child to the father was reversed by the Indiana Court of Appeals on the grounds the lower court’s decision violated the state’s custody modification statute.
Can parents sue DCS? Yes, divided justices rule
A sharply divided Indiana Supreme Court decision that a family may sue the state’s child protection agency for negligence is sure to resonate within the Department of Child Services, attorneys familiar with the case said.
Appeals court affirms out-of-state placement of child with father
A mother whose son was placed with his father in California after the Department of Child Services found her children to be children in need of services failed to convince a panel of the Indiana Court of Appeals that the placement was erroneous or that the DCS didn’t make a reasonable effort to preserve the family.
Wife barred from inheritance because of adulterous relationship
The Indiana Court of Appeals affirmed that a woman’s relationship outside of her marriage prevents her from inheriting from her deceased husband’s estate.
Justices decline to apply dollar for dollar credit for Social Security retirement benefits
The Indiana Supreme Court Thursday declined to revisit previous caselaw regarding crediting Social Security Retirement benefits to a noncustodial parent’s child support obligation. The justices affirmed the trial court’s decision to include the benefits in the custodial parent’s weekly adjusted income.
Mother who was abused may be required to help fund father’s supervised visitation
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.
Court properly declined to modify spousal maintenance agreement
An ex-wife must pay her husband $4,000 a month in spousal maintenance under an agreement she signed, the Indiana Court of Appeals held Tuesday, affirming a trial court’s decision to deny the woman’s request to modify the maintenance.
Appeals panel rules former same-sex partner has standing to seek visitation
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.
Man didn’t prove ex-wife misappropriated child support payments
Sidestepping a question of first impression in a child support case, the Indiana Court of Appeals reversed the modification of child support due to insufficient evidence. The father in this case believed his ex-wife was using child support money to fund her veterinary practice.
Commission on Courts to look at confidentiality of paternity cases
The Commission on Courts will tackle several issues at its meeting Oct. 21, including the confidentiality of juvenile court records in juvenile paternity cases.
Ex-wife not entitled to half of pension earned after divorce
The Indiana Court of Appeals held Tuesday that a trial court did not impermissibly modify a property settlement agreement or decree, but simply clarified that the intent of the parties was to divide the marital property acquired during the marriage and before the final date of separation.
IU Maurer to participate in national family mediation study
The Indiana University Maurer School of Law and IU’s Department of Psychological and Brain Sciences have been awarded a four-year, $763,686 grant from the National Institute of Justice to study safety concerns in family mediation.
COA still finds supervised visitation argument moot
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.
Participation in travel soccer league supports modifying custody
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.
Attorney emerges as leader in international adoptions
Michele Jackson marched into an internship in 1999 hoping to deliver a swift blow to international injustices against women and children. The 24-year-old Indiana University law student didn’t realize how unpleasant the topics would be.
Guardian registry pilot to launch
Indiana soon could break new ground with the introduction of one of the nation’s first databases of guardians and their wards. The development is raising hopes for improved oversight of vulnerable populations along with concerns about their privacy.
Justices: Child support agreement must apply changing guidelines
A father whose annual income included varying bonuses and commissions is obligated to provide child support payments in line with evolving guidelines, despite a support agreement made a year earlier than the rules were revised, the Indiana Supreme Court ruled.
Kohlhaas: Notable changes to Indiana’s Parenting Time Guidelines
Michael Kohlhaas points out notable changes to the Indiana Parenting Time Guidelines, including to school breaks.