Indiana Appeals

Award of attorney’s fees is mandatory where statute states they shall be paid

In the Matter of M.K v. Kathy Keller the Indiana Court of Appeals held a trial court must award attorney’s fees when a guardian in appointed for an incapacitated person or a minor under I.C. §29-3-9-9(a).  Because the Indiana Legislature used the language shall the awarding of attorney’s fees is mandatory.  The Court also enumerated factors to be considered when determining the amount of attorney’s fees to be awarded.

Personal Jurisdiction Still Needed Even When Subject Matter Jurisdiction is Found Under UIFSA

The Indiana Court of Appeals in Allen Francis Foley v. Sharon L. (Foley) Mannor, held that the trial court did in fact have subject matter jurisdiction over the child support issue through UIFSA (Uniform Interstate Family Support Act).  However, the court explained that personal jurisdiction must still be found.  The court further explained that when a challenge is brought regarding personal jurisdiction, the plaintiff must show evidence of personal jurisdiction, and then the defendant has the burden of of proving lack of personal jurisdiction by a preponderance of the evidence.  The court, in this case, concluded that the trial court had personal jurisdiction over the defendant based on a 1980 hearing where the defendant admitted he was an Indiana resident.

Aunt Lacks Standing to Appeal Adoption

In Alfred K. Weidenhammer v. Jacqueline L. Sorenson, the Indiana Court of Appeals held that while a grandparent can obtain standing to petition the court for visitation of a grandchild via In re the visitation of J.P.H., 709 N.E.2d 44, 46 (Ind.Ct.App. 1999), a maternal aunt has no comparable standing.  The court found that only those whose consent was required for the adoption have standing to appeal the decision to grant adoption, and an aunt has no such standing.