Change in visitation to seven nights every two weeks was a de facto change of custody subject to the statutes on custody modification. When considering changing a decree for joint legal custody, the court must consider the joint legal custody factors in IC 31-17-2-15 in addition to the standard factors in IC 31-17-2-8.
Appeals
Boone v. Boone, No. 45A03-0906-CV-243, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2010)
Divorce court could not order support retroactive to a date seventeen months prior to the filing of the dissolution action.
A.K. v. Indiana Dep't of Child Services, St. Joseph County, No. 71A05-0905-JV-261, __ N.E.2D __ (Ind. Ct. App., Mar. 31, 2010)
Findings of fact and conclusions of law are required for termination of parental rights decisions.
Rieth-Riley Construction Co. v. Gibson, No. 64A04-0908-CV-445, __ N.E.2d __ (Ind. Ct. App., Mar. 25, 2010)
“Discovery rule” for tolling statute of limitations does not apply when plaintiff knew of injury but did not discover identity of tortfeasor until limitations period had run.
A.S. v. State, No. 10A04-0911-JV-630, __ N.E.2d __ (Ind. Ct. App., Mar. 25, 2010)
Deliquency waiver of counsel was invalid when court made no inquiry about waiver, gave no advice about dangers of self-representation, and made no record of meaningful consultation about the waiver.