Articles Posted in Indiana Child Custody

Wallerstedt v. Wallerstedt – Relocation in Indiana Child Custody Cases
Padove Law

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 file a notice with…

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Martinez v. Cahue – Child Custody and Relocation to Another Country
Padove Law

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 where the intended…

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Andrick v. Andrick – Indiana Child Custody Modification Order Affirmed in Part, Remanded in Part
Padove Law

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 are solely based upon a…

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K.R. and T.R. v. Indiana Dept. Child Services – Termination of Mother-Child Relationship
Padove Law

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 choose to voluntarily terminate their…

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Nelson v. Nelson – Challenge of Child Custody Order
Padove Law

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 custody, it is the third…

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Schrag v. Spear – Relocation of Custodial Parent Requires Strict Procedural Following
Padove Law

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 detrimental impact on the parent-child…

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Indiana Appeals Court Affirms Loss of Parental Rights, Cite Drug Use
Padove Law

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 party or to be deemed…

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Higgins v. Cumber – Step-parent Rights Weighed by State High Court
Padove Law

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 than even legal guardians or…

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