Traditionally, the adoption of a child severs the parental rights for both biological parents. Indiana law provides for second parent adoptions, which allows one of the biological parents to retain their parental rights after the adoption is finalized. This is most commonly seen when the biological parent’s spouse, the child’s stepparent, adopts their stepchild. Both the biological parent and the ...Read More ...
Family Law
Paternity Affidavit
When a child is born to parents who are not married to each other, the father is not legally recognized as the child’s father until paternity is established. One way to establish paternity is for the unmarried parents to execute a paternity affidavit. Executing a paternity affidavit has significant legal implications, so it is important that both parents understand the legal implications of ...Read More ...
Limitation of Parenting Time
The preamble to the Indiana Parenting Time Guidelines states that the Guidelines “. . .are based on the premise that it is usually in a child's best interest to have frequent, meaningful and continuing contact with each parent. It is assumed that both parents nurture their child in important ways, significant to the development and wellbeing of the child.” In custody cases, a Court is tasked with ...Read More ...
Emancipation
Indiana Code 31-16-6-6, which sets out when the duty to support a child ceases and under what circumstances child support may cease at an earlier date, has been amended to provide an extension for the age of emancipation. The obligation to pay child support normally ceases when a child turns nineteen. This would cause an issue when a child was still attending high school at the age of nineteen; ...Read More ...
Changes in Requirements for Notices of Relocation
Indiana requires a relocating individual to provide notice prior to a planned relocation if they have a child who is the subject of a court order for custody, parenting time, visitation, or child support. Effective July 1, 2019, the requirements surrounding the process to relocate has changed to provide clearer guidance on when and how a notice of intent to relocate must be filed. Prior to the ...Read More ...
Alternative Dispute Resolution
There are several types of Alternative Dispute Resolution available to litigants. The most commonly used form of alternative dispute resolution is mediation, a process in which a neutral mediator works with the parties to reach a resolution to the case. If a resolution is reached, the agreement is reduced to writing and filed with the court to be approved as a court order. Once approved, the ...Read More ...
