The Indiana Court of Appeals has agreed with a Hamilton County mother who argued that grandparent visitation granted to her late husband’s parents was not supported by adequate findings.
Ruling in a case presenting “somewhat unusual circumstances,” the Indiana Court of Appeals reversed the denial of a petition for grandparent visitation, finding the trial court had erred in determining the visitation would not be in the granddaughter’s best interests. The appeals court remanded for proceedings to establish a grandparent visitation order in the case.
The Domestic Relations Committee of the Indiana Judicial Conference is seeking feedback on proposed changes to Indiana’s Parenting Time Guidelines, including new guidelines on the concept of “shared parenting.”
A court order granting a Johnson County grandmother overnight visitation with her 4-year-old grandchild lacked the required statutory findings to support it, but the Indiana Court of Appeals in a first-of-its-kind ruling involving a child’s guardians found enough evidence to let the order stand while remanding for more conclusive findings.
A mother was wrongly denied her petition for visitation with her daughter who is the subject of a guardianship, the Indiana Court of Appeals ruled Monday. The appellate court remanded the case to give the mother her day in court.
The Indiana Court of Appeals has upheld an order denying a mother’s request to relocate, finding her move from South Bend to Chicago would not be in the child’s best interest.
The Indiana Court of Appeals overturned a ruling that had prevented a couple from seeing their grandchild, finding the trial court’s grant of the mother’s petition to dismiss the paternity cause after the grandparents had intervened would likely extinguish their right to visitation.
A grandmother fighting to keep a visitation order for her out-of-wedlock grandchildren failed to persuade an Indiana Court of Appeals panel to rule in her favor. Instead, the panel concluded grandparent visitation orders do not survive the subsequent marriage of the natural parents of a child born out of wedlock.
A father who feared his hostile relationship with his children’s grandparent guardians would prevent him from having visitation with his kids won a reversal of an order stating parenting time would be “agreed upon by the parties.”
While the debate rages over the safety of immunizations, family law attorneys in Indiana say that issue is rarely a source of discord between divorced, separated or unmarried parents. However, arguments over medications and doctor’s appointments happen frequently, such as claims that a former spouse goes to the doctor every time the child has a sniffle or others asserting their child should have been taken to an urgent care center instead of the emergency room.
When a parent with a child custody order plans to move, Indiana Code 31-17-2.2 sets out the requirements that they must follow in order to provide the nonrelocating parent with notice of their intended relocation. Amendments to the relocation statute that took effect on July 1 bring changes to filing deadlines, notice procedure, and to whom the law applies.
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.
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.
The grandparents of two children adopted by their unmarried uncle do not have standing to seek visitation, the Indiana Court of Appeals wrote Friday in an opinion rejecting the argument that the children were “born out of wedlock.”
The Indiana Court of Appeals reversed a custody order when it found the trial court failed to enter appropriate findings and improperly considered a father’s military service in its determination.
Two grandparents won their appeal to petition for visitation rights with their deceased son’s children after the Indiana Court of Appeals found a trial court erred in granting summary judgment to the children’s mothers.
The Indiana Senate Judiciary Committee is pumping the brakes on a bill that would allow grandparents and great-grandparents to seek visitation with their grandchildren despite estrangements with the children’s parents, with two notable Indiana bar association groups speaking out against the proposed legislation.
A DeKalb County mother who refused to comply with court-ordered visitation between her children and their paternal grandparents must now serve jail time and pay a $14,000 sanction after the Indiana Court of Appeals upheld visitation and contempt orders on Friday.
Current federal and state law generally defers to a parent’s judgment when it comes to grandparent visitation, with the United States Supreme Court ruling that the right to rear a child as desired is among the most fundamental rights of parents. But a bill filed this year in the Indiana Legislature would give both grandparents and great-grandparents another avenue to obtain standing to petition for visitation.