The short answer is, it depends. Generally speaking, a court may only grant a petition to adopt a child if written consent to adoption is executed by the child’s parents. However, like most everything in life, exceptions apply. But when do these exceptions apply? What are the circumstances when a parent’s consent is not required? In this blog, we provide a brief overview of when a parent’s consent to adoption is required and when consent may be waived. Adoptions in ...
For many of us, Grandparents played an important role in our lives. Now more than ever, grandparents seem to be actively involved in the raising of their grandchild(ren). In many instances, a grandparent may be raising their grandchild all together. If you have found yourself in such a situation, or you know someone who is, you may be wondering, “can I get custody of my grandchild?” This blog provides a brief overview for grandparents who are exploring options for obtaining custody of a grandchild they are ...
And What Happens If You Miss the Deadline? In most criminal and civil cases, there are many court orders issued. These are “interlocutory” (temporary) orders to move a case to a final order and are not normally appealed. There are provisions to appeal certain “interlocutory” orders1 as a matter of right (during trial court proceeding) and by the discretion of the trial court (an order trial court must certify the interlocutory order for appeal and the Court of Appeals has to then accept the ...
lSince criminal cases involve the potential loss of freedom, there are trial and appellate provisions for a criminal case to be brought by a filing belated Notice of Appeal. In civil cases, Appellate Rule 9(A), it clearly states that “[u]nless the Notice of appeals is timely filed, the right to appeal shall be forfeited.” Historically, attorneys and Indiana courts have treated this rule stemming from the 1970s as jurisdictional. This means that without a timely filing, the appellate ...
Ciyou & Dixon, P.C. - Attorneys At Law, Bryan L. Ciyou and Lori B. Schmeltzer to present oral argument of B.C.H adoption before the Indiana Supreme Court, Thursday, September 25th, at 09:45am. Click here to review the Indiana Court of Appeals opinion. Click here to watch the Oral Argument before the Indiana Supreme Court.
Ensuring the Children’s Best Interests In many of our previous blog posts, we have explored the determination of a child being CHINS (a Child in Need of Services)1, TPR (Termination of a Parent’s Rights)2, and adoption3. Ultimately, all of these cases that involve where children are placed when the parents have legal issues impacting their ability to parent are governed by the best interests standard. For instance, if a child is determined to be CHINS and a divorce is ...
State Protective Orders and Federal Brady Disqualification: Keeping Guns Out of the Domestic Violence Dynamic
May 29, 2012 / Firearms Law
Domestic partners, married couples, or really any family members can potentially be the victims of domestic violence. Sometimes this is a pattern, but sometimes it is a one-time event in the emotionally charged event leading unraveling of the relationship. In some cases, tensions are high, remain high, and domestic violence can be a very real, on-going concern for a party, friends, family, and lawyers. However, there are a number of protections and safeguards in place to prevent a potentially tragic escalation ...
The process of perfecting an appeal, as discussed in previous blog posts, is often a complex one, with numerous rules and time limitations.1 The general trigger to file an appeal is that the order being appealed is a final order.2 There are, however, exceptions to this final order rule. An interlocutory order is an order of the court that is not final, often occurring during the pendency of the litigation. For example, during the pendency of a divorce case, ...