Allen County Bar preparing for uptick in need
On a typical Tuesday, the Allen County Bar Association’s legal help line gets 40 to 60 calls, but the organization is bracing for an increase as the coronavirus crisis worsens.
Family Law
Articles
Divided COA reverses in first impression de facto custody case
A split Indiana Court of Appeals has reversed for the reconsideration of a father’s granted motion to modify custody after finding that a woman who raised one of his three children was, in fact, the child’s de facto custodian.
Justices affirm denied motion to dismiss in TPR dispute
A unanimous Indiana Supreme Court has affirmed the denial of a mother’s motion to dismiss her termination of parental rights petition after finding she wasn’t entitled to a dismissal under the circumstances.
IndyBar: Top Resolutions for Family Law Attorneys for 2020
The IndyBar Family Law Section mission is, “the Family Law Section believes we have the collective ability to shape the practice of family law. Every day we strive to change the status quo for family law attorneys because there is a better way.” How can we avoid ratcheting up the emotion? How can we be the calm in the storm?
IndyBar: Parenting Time, Spring Break and the Coronavirus
As family law practitioners, we are well aware of the challenges that surround scheduling vacations and travel during school breaks. It isn’t uncommon to have disagreements about where and when children should travel, not to mention with whom. However, the rapid and unpredictable spread of the novel coronavirus (COVID-19), just in time for spring break, has lent new urgency to this issue.
Tougher Indiana law on under-18 marriages clears Statehouse
Anyone younger than 18 will need a judge’s permission to get married in Indiana under a law change approved by state legislators. The measure endorsed almost unanimously by lawmakers would repeal the state’s current law that allows those as young as 15 to marry if they have parental consent.
CASAs share experiences, hopes for Hoosier kids at 30th anniversary celebration
Compassion. Persistence. Patience. These are shared qualities that Indiana’s court appointed special advocates have when working with thousands of Hoosier kids in the child welfare system each year. Indiana Lawyer spoke with a few of those advocates about their personal experiences as CASAs following a 30th anniversary celebration of the Indiana Office of GAL/CASA on March 4.
COA dismisses man’s appeal in adoption dispute
A man seeking to adopt his ex-wife’s child had his case dismissed by the Indiana Court of Appeals on Monday after it found no indication that he sought certification from the trial court or permission from the appellate court to file a discretionary interlocutory appeal, among other things.
Custody ruling for mother upheld on appeal
The Indiana Court of Appeals has upheld the grant of sole legal custody to the mother of a child with a rare genetic disorder upon finding the parents’ disagreements about the child’s medical and educational needs was impeding her development.
Reversal: Trial court erred in awarding joint custody in tense parental dispute
A mother will have sole legal custody of her children after the Indiana Court of Appeals concluded a trial court erred in awarding joint legal custody between two warring parents.
Volunteers to gather Wednesday for CASA Day celebration
Hoosiers who volunteer their time and energy advocating on behalf of kids in the child welfare system will have a chance next week to celebrate more than three decades of effort.
Justices to hear dispute over same-sex foster parents
The U.S. Supreme Court said Monday it will hear a dispute over a Philadelphia Catholic agency that won’t place foster children with same-sex couples, a big test of religious rights on a more conservative court.
Justices grant transfer in 4 cases, deny 19 others
The Indiana Supreme Court declined to hear 19 cases out of 23 petitions for transfer last week but agreed to hear cases involving post-conviction relief and termination of parental rights, among others.
Property owned by husband’s parents are not marital assets, COA affirms
The Indiana Court of Appeals has affirmed the exclusion of real estate and an internet service provider company from the marital assets of a couple in their divorce proceedings, agreeing with a trial court that the challenged assets were actually the property of the husband’s parents.
Noblesville lawyer suspended, ordered to JLAP probation
A Noblesville attorney has been suspended from the practice of law with two years of probation monitored by the Judges and Lawyers Assistance Program after failing to inform and refund several clients, among other things.
LSC looking to continue streak of appropriation increases
Pointing to what it describes as an “overwhelming need for civil legal services,” Legal Services Corp. is asking a federal appropriation of $652.6 million for fiscal year 2021, a $212.6 million increase from the appropriation it received for fiscal year 2020.
COA reinstates case seeking child support from non-biological father
The Indiana Court of Appeals has reinstated a petition to establish child support from a man who is not the biological father of the child. The panel concluded that time had run out for the man, who signed a paternity affidavit without reading it and waited years before taking judicial action.
Birth certificate ruling brings relief
In a cruel twist, Crystal and Noell Allen discovered even though Indiana prohibited them from being listed as parents on their twins’ birth certificates, the state did allow both mothers to be identified as parents on the babies’ death certificates. The couple prevailed in court, but their battle to be legally recognized as parents — along with other women in same-sex marriages — may not be over.
Scrap over old Indiana gay marriage ban derails popular bill
A potential fight over whether to repeal Indiana’s obsolete ban on same-sex marriages has sidetracked a widely supported proposal to raise the state’s minimum age for getting married.
COA: Parents have no say in child’s adoption placement after TPR
A mother and father whose parental rights were terminated did not persuade the Indiana Court of Appeals to reverse the termination because they were deprived of the right to determine their child’s adoptive placement.