When the Agreed Decree of Paternity requires that Child be vaccinated based on her school’s requirements and that Mother is in contempt for submitting the religious objection form to circumvent the parties’ agreement, there is a substantial change in Mother’s ability to communicate and cooperate with Father in advancing Child’s welfare and the trial court should modify legal custody of Child for the limited purpose of making medical decisions concerning vaccinations.
M. Bailey
In re Paternity of J.W., No. 76A04-1610-JP-2476, __ N.E.3d __ (Ind. Ct. App., July 7, 2017).
Trial court infringed upon the custodial rights of parent by delegating decision-making as to child’s need for therapy to a service provider.
Jones v. State, No. 49A02-1611-CR-2513, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).
When defendant is convicted after a trial to the court, the right to waive allocution is personal to the defendant and may not be waived by counsel.
Jenner v. Bloomington Cellular Services, Inc., No. 53A05-1606-MI-1415, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).
Tax sale purchasers must provide notice to any person with a substantial, publicly recorded interest even if their interest lies outside the chain of title. “Requiring a tax-sale purchaser to search outside the chain of title—even if it means searching thousands of records in the county recorder’s office—is one of the safeguards created by the statute.”
B&R Oil Co., Inc. v. Stoler, No. 71A04-1603-PL-608, __ N.E.3d __ (Ind. Ct. App., May 30, 2017).
Lessor may not circumvent a lessee’s contractual right of first refusal to purchase the leased premises by submitting a third-party offer to the lessee in which the leased premises are bundled with other property.