Prenuptial agreements change with time but remain tricky
Prenuptial agreements are not written to be fair. Nor should they be, according to some Indiana attorneys who draft them.
Family Law
Articles
Indiana GAL/CASA program gets national grant
Indiana’s State Office of the GAL/CASA has been awarded a $40,000 grant from the National Court Appointed Special Advocate Association. The money will be used to support local programs that provide volunteer advocacy for abused and neglected children in Indiana.
David, Rush appointed as liaisons for juvenile program
Chief Justice Brent Dickson has appointed Justices Steven David and Loretta H. Rush to serve as the Indiana Supreme Court’s liaison representatives to the Court Improvement Program executive committee.
Justices: COA overreached on reversing trial court custody ruling
The Court of Appeals got it wrong when it reversed a trial court custody modification in favor of a child’s father, the Indiana Supreme Court ruled Tuesday in one of the first opinions joined by Justice Loretta Rush.
Statute granting DCS immunity applies to nearly all of family’s claims
A case involving the Department of Child Services before the Indiana Court of Appeals Wednesday provided the court with two issues of first impression – the interpretation of a statute relating to the agency, and the liberty interests that may reside with extended family members involved in the lawsuit.
Judicial Conference moves parenting time guidelines forward, minus parenting coordination
The board of directors of the Indiana Judicial Conference approved proposed changes to the state’s parenting time guidelines Sept. 14 and sent them to the Supreme Court for review. However, the guidelines were sent on without any suggestions on parenting coordination.
DCS launching pilot to address children with mental health issues
The Department of Child Services announced Monday that it will fund a two-month pilot program that will utilize local services to provide help for juveniles with mental health issues.
Change in emancipation law brings uncertainty
A difference in paternity and divorce language has attorneys questioning the Legislature’s action regarding petitions for educational support.
Indiana AFCC chapter has first meeting this month
The Association of Family and Conciliation Courts, a national organization that brings a holistic approach to family law, has authorized the creation of an Indiana chapter.
Concerns rise as revised parenting time guidelines near completion
A first-ever review of Indiana’s Parenting Time Guidelines is nearing completion. Among the proposed changes: New language dealing with online communication between parents and children, and revised rules regarding overnight visitation.
Doctor owed no duty to release prenatal records to adoptive parents
A New York couple who adopted a child born in Lake County lost their appeal of an unsuccessful negligence claim against a doctor who did not provide requested prenatal records that would have revealed the child’s significant brain abnormalities before the adoption was finalized.
Mom’s progress leads court to reverse termination
A Grant County mother who lost parental rights to twin children won a reversal of the termination order after the Indiana Court of Appeals noted her progress in areas of concern to the Department of Child Services.
Court of Appeals orders trial court to re-evaluate child support order
The Indiana Court of Appeals reversed the part of a custody order modifying child support, finding the trial court miscalculated the mother’s current income and made other errors.
Justices: Ex-wife must agree to lower sales price
The Indiana Supreme Court unanimously held that a trial court had no authority to modify a property agreement made by ex-spouses and that the ex-wife is entitled by law to refuse to waive a provision that neither party had to accept a sale that was below specified minimums.
Mom’s contempt judgment affirmed in educational support dispute
The Indiana Court of Appeals on Tuesday affirmed a trial court’s finding that a mother was in contempt for violating a court order on educational support for her college-age daughter and that she pay a recalculated proportion of those costs and the father’s attorney fees.
Appellate judges affirm previous decision in paternity dispute
A divided Indiana Court of Appeals on Tuesday reaffirmed its original opinion in In Re: The Matter of the Paternity of S.C.: K.C. (Appellant), and C.C. (Appellee), and B.H. (Appellee-Intervenor), 30A01-1107-JP-322, in which the appellate court affirmed the Hancock Circuit Court’s grant of B.H.’s verified petition for relief from judgment for fraud upon the court.
Supreme Court emancipation, support ruling draws sharp dissent
A 3-2 Indiana Supreme Court decision in a case involving a child’s emancipation and a father’s contribution toward her education resulted in a tough dissent from two veteran justices.
COA: mentally handicapped parents not immune from termination proceedings
The Indiana Court of Appeals declined to grant a mother’s request to carve out an exception in involuntary termination of parental rights cases for parents who are mentally handicapped. The Tippecanoe County mother claimed her children shouldn’t be removed from her care because of her mental faculties.
Appeal affirms denial of emancipation; includes mother in support
The Indiana Court of Appeals affirmed a Floyd Superior Court ruling denying emancipation of a 19-year-old, but sent the case back to the trial court for recalculation of her support payments to include her mother as well as her father.
Trial court erred in modifying custody in favor of father
A trial court’s decision to grant a father’s motion to modify custody and prevent his ex-wife from relocating with their son was clearly erroneous, the Indiana Court of Appeals concluded in reversing the decision. The lower court ruling virtually ignored the immense benefit the mother’s new position in Tennessee would bring to her and her son.