Given the loving bond parent and child share, parent’s successful completion of multiple self-improvement and parenting courses, parent’s successful completion of probation, parent’s repeatedly expressed desire to parent child, and his exercise of regular visitation with child, the trial court’s findings do not clearly and convincingly support its conclusion that termination of parental rights is in the best interests of the child.
Civil
In re A.H., No. 49A04-1601-JC-42, __ N.E.3d __ (Ind. Ct. App., Aug. 18, 2016).
A CHINS adjudication is inappropriate when a parent is willing to provide care to the child without the coercive intervention of the court.
J.B. Hunt Transport, Inc. v. Guardianship of Zak, No. 45A03-1506-CT-670, __ N.E.3d __ (Ind. Ct. App., Aug. 18, 2016).
Evidence of post-accident investigations is not automatically excluded as a subsequent remedial measure.
Gardenour v. Bondelie, No. 32A01-1601-DR-82, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2016).
Same-sex couple’s California registered domestic partnership established a relationship virtually identical to marriage, and under the principle of comity, their relationship is a spousal relationship. Child born by artificial insemination was a child of the spousal relationship; trial court did not err in awarding joint legal custody and parenting time and ordering partner to pay child support.
Shelton v. Kroger LP I, No. 49A02-1601-CT-75, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2016).
Pharmacy that filled a prescription for a drug that caused a fatal interaction was not a qualified health care provider under the Medical Malpractice Act and so it was not exempted from the Comparative Fault Act.