COA affirms award of custody to non-surrogate mother, against father
A father fighting against the award of custody of his child to his ex-wife did not convince the Indiana Court of Appeals that a mistake had been made.
Paternity
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Reversal: Fired lawyer cannot seek attorney fees ‘separate and apart’ from client
A Crown Point attorney who was fired by her client in a long-running juvenile paternity case had no right to then intervene in the case to seek an award of attorney fees from the opposing party, the Indiana Court of Appeals ruled Wednesday, reversing the trial court.
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.
Presumed dad’s paternity vacated, granted to true biological father
The Indiana Court of Appeals has vacated an order establishing paternity for man after genetic testing revealed he was not the biological father of a child he and the child’s mother claimed was his. Paternity was instead ordered for the child’s revealed biological father.
Split COA: Prosecutor can file for paternity at putative father’s request
A divided panel of the Indiana Court of Appeals has reversed the dismissal of an alleged father’s time-barred petition seeking to establish paternity of a child. The majority held a prosecutor is authorized to pursue such a request outside the general two-year statute of limitations. A dissenting judge, however, warned the holding “makes a mockery” of the two-year statute of limitations in paternity cases.
Father loses custody appeal despite consideration of active-duty status
An Indiana trial court improperly considered a father’s active duty status when awarding custody of his child to his estranged wife, but that error does not change the custody determination, the Indiana Court of Appeals has ruled.
Gambler dad not in contempt over horse saddle dispute
A father ordered to purchase a horse for his daughter in a paternity order cannot be held in contempt for failing to first buy a saddle if he wasn’t held in contempt for failing to buy the horse, an appellate court held Friday.
Discovering long-lost family: Inheritance laws cover surprise relatives, but changes possible
Off-the-shelf DNA test kits and online genealogical searches are connecting previously unknown extended family members and sometimes alerting children their dad is actually not their biological father. Could a claim to an estate be far behind?
Biological dad’s paternity petition dismissed
The Indiana Court of Appeals has rejected the petition of two biological parents to establish paternity for their child after the appellate court concluded the mother could not collaterally attack a previous paternity finding for another man who assumed he was the father.
General Assembly passes DCS reforms
As Senate Enrolled Act 1 was heading for its third and final reading in the Indiana House of Representatives, Rep. Vanessa Summers reminded her colleagues that their work in helping reform the Department of Child Services is not finished.
‘Tweaks’ proposed to Indiana Child Support Guidelines
Proposed revisions to the Indiana Child Support Guidelines are currently open for comment. The guidelines are reviewed every four years in accordance with federal law, and attorneys described the proposals as tweaks and adjustments to align the courts with the ongoing evolution of family structures.
COA reaffirms trial court should hear grandparents’ visitation argument
The Indiana Court of Appeals reiterated that a pair of grandparents seeking to visit their deceased son’s child should be given their day in court.
Families not immune from vaccination debate
Arguments for and against vaccinations have grown in the national conversation as 12 states are currently battling an outbreak of measles. A recent Indiana trial court decision in a custody dispute demonstrated that disagreements over vaccinations also happen within families.
Father’s behavior to blame for mother’s $40K attorney fees, COA says
A father ordered to pay half of the attorney’s fees incurred by the mother of his child during a paternity action was denied his appeal to be rid of them Thursday when appellate judges found the high fees were a result of his behavior.
COA upholds dismissal of adoption petition after ‘fraud on the court’
The Indiana Court of Appeals has upheld a trial court ruling setting aside a Lawrence County adoption, finding the child’s mother and grandfather committed fraud on the court by falsely claiming they did not know who the child’s biological father was in an effort to allow the grandfather to adopt the child.
Public hearing on child support guidelines Friday
The Domestic Relations Committee of the Judicial Conference of Indiana is seeking comments on Indiana’s Child Support Guidelines and will hold a public hearing at 10 a.m. Friday in the Indiana Supreme Court Courtroom at the Statehouse to discuss the guidelines.
Paternity court pro bono ADR program helps clients find own solutions
Two times a year, the Alternative Dispute Resolution section of the Indianapolis Bar Association organizes a Paternity Court Mediation Day where volunteer attorneys try to help fighting parents reach an agreement about the care of their children. The cases are selected by the court and deal with issues that arise after paternity has been established — custody, parenting time and child support.
Justices order nonlawyer to stop family law services
An Indianapolis woman who is not a licensed attorney but has consistently provided legal assistance to Indiana residents with child support and parenting time issues has been enjoined from continuing in her unauthorized practice of law.
Holcomb signs 3 DCS-related bills, 5 others await action
A bill that would have given immunity to guardians ad litem and court appointed child advocates stalled in the Indiana House, but other measures covering foster parents and placing new requirements on the Indiana Department of Child Services all passed through the Statehouse with little or no opposition.
Divided COA reverses, remands paternity dispute
A Pike County paternity case involving a child’s legal and biological fathers will continue in trial court after the Indiana Court of Appeals determined the legal father was not entitled to judgment as a matter of law on the biological father’s paternity action.