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.
Appeals
In re Paternity of J.J., No. 08A02-0903-JV-280, ___ N.E.2d ___ (Ind. Ct. App., Aug. 25, 2009
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).
Kimbrough v. State, No. 20A03-0901-CR-29, __ N.E.2d __ (Ind. Ct. App., Aug. 13, 2009)
Determinations of defendant’s ability to pay fines, court costs, and public defender fund reimbursement were not required at sentencing when the payments were deferred until post-sentence events. When victim had obtained a civil judgment against defendant prior to sentencing, trial court might have to adjust restitution order to avoid double recovery for victim.
Elrod v. Brooks, No. 10A01-0903-CV-155, ___ N.E.2d ___ (Ind. Ct. App., July 29, 2009)
Small claims court abused its discretion when it denied plaintiff the opportunity to present evidence refuting defendant’s counterclaim after defendant presented his evidence.
In re Termination of Parental Relationship of J.G., No. 32A04-0902-JV-79, ___ N.E.2d ___ (Ind. Ct. App., Aug. 7, 2009)
Notwithstanding the recent revision of the relevant statutes, the General Assembly did not intend for DCS to bear the burden of court-appointed legal services in termination proceedings, and the county should continue to be responsible for those costs.