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.
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COA rejects argument that children adopted by unmarried uncle were ‘born out of wedlock’
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.”
Court improperly considered military service in custody ruling
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.
COA reverses judgment against grandparent visitation
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.
Bar groups oppose grandparent visitation bill
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.
Mom faces jail, $14K sanction for contempt of grandparent visitation order
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.
Bill would allow grand, great-grandparent visitation in some cases
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.
Attorney couple seeking changes for Indiana foster parents
Indianapolis attorneys Joe Delamater, a criminal defense lawyer at Razumich & Delamater PC, and Kiamesha Colom, a partner at Taft Stettinius & Hollister LLP, encountered confusion, frustration and ultimately heartbreak during the course of a few months when they became foster parents to a baby boy. Now they are pushing for changes to state laws they say will balance the system so the right results happen for kids.
Reversal: Claim of 165 texts in 24 hours doesn’t prove stalking
The Indiana Court of Appeals revoked a man’s protective order against the mother of his child when it found that her excessive messaging in a 24-hour period did not constitute stalking.
COA affirms award of fees, dismissal of stepmom’s visitation suit
No reasonable attorney would have considered a stepmother’s visitation petition filed in a court other than that of the mother and father’s custody case to be justified or worthy of litigation, according to the Indiana Court of Appeals. The court affirmed dismissal of the case and an award of attorney fees to the mother.
COA: State with closest connection has custody jurisdiction
The Indiana Court of Appeals on Thursday affirmed a trial court’s order granting a New Jersey mother’s motion to dismiss a custody petition filed by her children's father, who now lives in Indiana.
Court erred in denying mother visitation with child under guardianship
A Madison County court wrongly refused to hear a mother’s petition for visitation with her child who is subject to a guardianship, the Indiana Court of Appeals ruled Monday.
COA affirms denial of attorney mom’s request to relocate child
A mother who lives in Maryland but whose child lives in Hamilton County has lost her bid to relocate the child to the eastern state, with the Indiana Court of Appeals finding that awarding physical custody to the child’s Indiana father was in the child’s best interests.
Appellate court upholds contempt finding against mother
A Marion County mother was unsuccessful in her attempt to seek relief from an order finding her in contempt of court for interfering with her ex-husband’s parenting time, with the Indiana Court of Appeals finding she failed to develop a cogent appellate argument.
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.
Appellate court upholds dissolution decree in ‘fierce’ divorce case
In a ruling on a contentious divorce case that involved parties “exploiting the judicial system to its fullest extent,” the Indiana Court of Appeals has affirmed the provisions of the Sullivan Circuit Court’s dissolution order.
COA upholds adoption without mother’s consent
In a case a judge said represents “how substance abuse is savaging the familial bonds within Indiana and around the country,” the Indiana Court of Appeals upheld the adoption of a southern Indiana child without the mother’s consent after finding the mother’s substance abuse made her unfit.
Divided COA upholds custody change after mom’s stroke
A Marshall County child will now be in her father’s care after the Indiana Court of Appeals determined the impact of her mother’s stroke made a change in custody necessary for the best interests of the child.
Keefer: Resolve in new year to remember the family in family law
As attorneys, we can only counsel our clients, and we cannot always control their actions. But hopefully, we can help them understand how their actions may impact their children, even indirectly. Parents need to be careful not to place their children in the middle — and not only with words, but by their actions.
COA rejects father’s argument that his kids should be CHINS
Although a Tippecanoe County father appealed the denial of a petition alleging his children were children in need of services, the Indiana Court of Appeals has ruled the father’s arguments as to why his children should be considered CHINS were unavailing.