When the custodial parent of a minor child in Indiana plans to move to a new residence, that parent must understand his or her rights or obligations with respect to child custody. As of July 1, 2006, a parent with custody or court-approved parenting time with a minor has to first…
Articles Posted in Indiana Child Custody
Martinez v. Cahue – Child Custody and Relocation to Another Country
In Indiana, when a custodial parent wishes to move either out of state or out of the country, he or she needs to comply with Indiana Code Chapter 31-17-2.2, which requires notification of the courts and the other parent. The law applies whether parents are divorced, separated, or never married. In cases…
Andrick v. Andrick – Indiana Child Custody Modification Order Affirmed in Part, Remanded in Part
When it comes to matters of child custody, the wishes of the child – particularly that of a child over the age of 14 – are some of the main statutory factors the court will consider when modifications are requested. This is not to say that Indiana child custody modifications…
K.R. and T.R. v. Indiana Dept. Child Services – Termination of Mother-Child Relationship
Termination of a parent-child relationship in Indiana is done through judicial proceeding that will forever end the legal, social and financial relationship and responsibilities between a parent and child. It means that all power, privilege, immunity, duty and obligation to that child by the parent is totally gone. Parents can…
Nelson v. Nelson – Challenge of Child Custody Order
Per the 2002 Indiana Supreme Court case of In re Guardianship of B.H., family courts in this state operate with the strong presumption that a child’s interests are best served by being placed with his or her natural parent. When third parties seek to intervene in custody proceedings to acquire…
Indiana Divorce Often Stems From Major Life Challenges, Changes
While most of us get married believing the union is going to weather life’s storms, the reality is those storms get the best of many of us. Some of the major life changes that often precede divorce include: Illness Job changes Having children Living apart Trauma Becoming Empty-Nesters Infidelity Take…
Schrag v. Spear – Relocation of Custodial Parent Requires Strict Procedural Following
Anytime a custodial parent wishes to relocate with a child – whether it’s across the street or across the country – the parent must first notify the court and obtained permission. Further, non-custodial parents have several options with how to proceed, particularly if they fear the move could have a…
Indiana Appeals Court Affirms Loss of Parental Rights, Cite Drug Use
Indiana courts are rarely eager to terminate the rights of faltering biological parents, who often receive numerous opportunities to reform and provide a stable, loving environment. Termination of parental rights is seen as a last resort option, allowing the child to be either formally adopted by a more stable third…
Higgins v. Cumber – Step-parent Rights Weighed by State High Court
Approximately one in three children will live at least some portion of their childhood with a stepparent, according to recent statistics. These are individuals who will play an important and lasting role in children’s lives. However, from a legal standpoint, stepparents – even residential stepparents – generally have fewer rights…
Carr-MacArthur v. Carr – On Mental Health and Child Custody
Mental illness does not carry the same stigma it did even just a few decades ago. This has brought many conditions to light that may have otherwise been hidden, and allowed for better treatment plans with greater family support. However, in the course of dissolving a marriage or within a…