Recent Posts

Journal Categories

Tuesday, November 26, 2019

Petrie v. Brackett, et al.

 

After a physical altercation between Father and Son, wherein Father restrained Son so that Son could not continue hitting him, Mother filed a petition for a protective order for Son. At the hearing, the testimony revealed that Son pushed Father several times and then hit him in the chest. Father then restrained Son and asked his girlfriend to call the police. Family Court entered a domestic violence order (“DVO”), but it did not make a finding that what Father did resulted in a physical injury or constituted an act of domestic violence, and only summarized the family’s history before issuing the DVO. Father appealed.

 

Tuesday, November 26, 2019

M. v. Allen County Attorney’s Office, et al.

 

Father appealed Family Court’s dispositional order in a Dependency, Neglect, and Abuse (“DNA”) matter. Father did not name the Cabinet for Health and Family Services (“the Cabinet”) as a party to the appeal. Father failed to respond to the Court of Appeals' Order requiring him to show cause why his appeal should not be dismissed for failure  to name the Cabinet as a party to the appeal. The Court of Appeals dismissed the appeal, holding that the Cabinet is an indispensable party in DNA actions, because it is the plaintiff in such actions.

 

Digested by Nathan R. Hardymon

Monday, November 18, 2019

Hoskins v. Elliott, et al.

 

On February 11, 2017, Mother left her nine-month-old Child with Elliott to babysit for the weekend and until Mother went to scheduled court appearances. For quite some time, Mother did not reappear, and Child became sick. Elliott did not have the legal authority to take Child to the doctor. The Cabinet for Health and Family Services (“the Cabinet”) became involved and filed a DNA petition. On March 2, 2017, at an adjudication hearing, Circuit Court found Child to be abused or neglected and ordered Child to remain with Elliott. At a disposition hearing on April 20, 2017, Circuit Court concluded that Child was to remain with Elliott.

 

Tuesday, November 12, 2019

Lage, et al. v. Esterle

 

Mother entered a maternity home to give birth, bringing along her two-year-old Twins. A Volunteer at the maternity home and her Husband agreed to care for the Twins while Mother gave birth and recovered. The parties agreed the Twins would stay with Volunteer and Husband for four months, which later became five months. Seven months after their agreement, Mother left the maternity home, but the Twins stayed with Volunteer and Husband, who later petitioned for adoption and moved for emergency custody of the Twins, the latter of which led to Volunteer and Husband being granted temporary custody of the Twins until a temporary removal hearing could be held. After the temporary removal hearing, the Twins were returned to Mother after having been in the physical custody of Volunteer and Husband for nearly two years.