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Case Clips

Published by the Indiana Office of Court Services

Civil

In re Adoption of A.S., D.S., C.S., & J.S., No. 49A02-0901-CV-60, ___ N.E.2d ___ (Ind. Ct. App., Sept. 8, 2009)

September 11, 2009 Filed Under: Civil Tagged With: Appeals, N. Vaidik

Where parents executed consents for one person to adopt their children, then (without withdrawing the first consents) executed subsequent consents for two other people to adopt their children, neither Indiana’s adoption statutes nor public policy prohibits the subsequent consents.

Baker v. Taylor, No. 18A04-0812-CV-746, ___ N.E.2d ___ (Ind. Ct. App., Sept. 8, 2009)

September 11, 2009 Filed Under: Civil Tagged With: Appeals, M. Barnes, M. May

Where an account is established by an attorney-in-fact using entirely the funds of a principal, the attorney-in-fact is named joint owner or POD beneficiary, and the principal has no direct involvement in, or even awareness of, the creation of the account, the survivor cannot be presumed the owner of the accounts.

Rovai v. Rovai, No. 45S03-0812-CV-00628, ___ N.E.2d ___ (Ind.. Sept. 2, 2009)

September 3, 2009 Filed Under: Civil Tagged With: R. Shepard, Supreme

Dissolution statutes authorize (but do not require) a court to assess interest in the course of fashioning a just division of assets.

Walker v. Nelson, No. 49A05-0903-CV-138, ___ N.E.2d ___ (Ind. Ct. App., Aug. 14, 2009)

August 28, 2009 Filed Under: Civil Tagged With: Appeals, E. Brown, T. Crone

When limiting former custodial parent’s parenting time, trial court erred by not making a specific finding that visitation would endanger child’s physical health or well-being or significantly impair his emotional development.

In re Paternity of J.J., No. 08A02-0903-JV-280, ___ N.E.2d ___ (Ind. Ct. App., Aug. 25, 2009

August 28, 2009 Filed Under: Civil Tagged With: Appeals, P. Mathias

Trial court abused its discretion when it modified custody because of Mother’s relocation without considering all of the factors required by Indiana Code section 31-17-2.2-1(b).

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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