In a small percentage of divorce and paternity cases, some children completely reject a parent and become estranged from this parent and effectively deny they are the child’s parent. Do these parents have to pay for higher education? This blog addresses the legal doctrine of a child repudiating a parent’s relationship and implications if he or she seeks contribution from the estranged parent toward college expenses.
In Indiana, there is no absolute legal duty on the part of a parent to provide a contribution to a child’s college expense. However, the Divorce Act authorizes Indiana trial courts to pay sums toward ... Read More
Tag: defacto
20
Mar2020
16
May2013
When child custody is at issue, or during a guardianship or defacto case, the physical and mental health of the parties is often of the upmost importance. Understanding the party’s ability to properly care for a child and act in the best interests of a child is an important determination in family law.
But, how does a party determine the physical and mental health of another? Often this is accomplished through the discovery process, and if specific concerns are alleged, the discovery can be specific to those concerns1.
There are several examples of potential concerns that may prompt discovery and evidence of ... Read More
03
Feb2012
Few topics pull at the heart strings of adult children, grandparents, friends, relatives and other third parties more than providing for and protecting a child they have bonded with. Courts, lawyers, psychologistsi and guardiansii (daily) struggle with how to best resolve disputes between them over physical custody in paternityiii and divorceiv cases, follow constitutional imperatives and meet the best interests standard.
The law is fairly clear. A natural parent’s right is superior to a third party, including a grandparent.v In fact, the United States Supreme Court has so ruled.vi Even a grandparent is entitled to only occasional visitation with his or ... Read More