Evidence that a man is not a child’s biological father, without more, is not dispositive of whether he is the child’s legal father or obviate the need for his consent to an adoption.
Civil
Yergy’s State Road BBQ, LLC v. Wells Co. Health Dept., No. 21A-PL-2593, __ N.E.3d __ (Ind. Ct. App., May 19, 2022).
Trial court properly dismissed as moot a complaint regarding the Governor’s face mask requirement during COVID-19 because the executive order was no longer in place.
Israel v. Israel, No. 21A-DC-1063, __ N.E.3d __ (Ind. Ct. App., May 16, 2022).
Non-disparagement clause in divorce decree amounted to an unconstitutional prior restraint on speech because it forbade the parties from making disparaging remarks about the other when outside the presence of the child.
Cole v. Cole, No. 21A-MI-2415, __ N.E.3d __ (Ind. Ct. App., April 28, 2022).
Under the Hague Convention, interests of children in matters relating to their custody are best served when decisions are made in the child’s country of habitual residence. Determination of a child’s habitual residence is fact-intensive and varies with the circumstances of each case.
B.M. v. A.J, No. 21A-PO-2290, __ N.E.3d __ (Ind. Ct. App., April 29, 2022).
Trial court judge’s statements throughout protection order hearing demonstrate that judge failed to preside over the hearing as a neutral, impartial decision maker and violated defendants’ due process rights.