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ATTORNEY FOR APPELLANT GUARDIAN AD LITEM
Jill S. Swope Sterba & Swope, LLP Schererville, Indiana

ATTORNEY FOR AMICUS CURIAE LAKE COUNTY BAR ASSOCIATION
Debra Lynch Dubovich Levy & Dubovich Highland, Indiana

______________________________________________________________________________

Indiana Supreme Court
_________________________________ No. 45S03-0904-JV-133 IN RE THE PATERNITY OF N.L.P. R. P.,

In the

FILED
of the supreme court, court of appeals and tax court

Apr 30 2010, 1:48 pm

CLERK

Appellee (Petitioner below), v. L. S. N/K/A L. B, Appellee (Respondent below). _________________________________ JILL S. SWOPE, Appellant-Guardian Ad Litem. _________________________________ Appeal from the Lake Superior Court, Juvenile Division, No. 45D06-0006-JP-467 The Honorable Elizabeth F. Tavitas, Special Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 45A03-0805-JV-226 _________________________________ April 30, 2010 Rucker, Justice.

In this opinion we conclude that where the parties in a domestic relations dispute sign a written agreement retaining the services of a guardian ad litem, the trial court, when awarding fees and expenses incurred by the guardian ad litem, is bound to enforce the terms of the agreement unless it is contrary to public policy.

Facts and Procedural History

This appeal stems from a long-running paternity and custody dispute between R.P. ("Father") and L.B. ("Mother") regarding their daughter, N.L.P. ("Child") who was born out of wedlock in December 1999. By agreement of the parties and pursuant to court order, Father's paternity was established in February 2001. Mother was granted physical custody of Child and Father was granted temporary supervised visitation, ordered to pay child support, and ordered to provide Child with medical insurance. Within months thereafter conflicts arose between the parties regarding visitation. After Father filed his second petition for contempt citation and rule to show cause complaining that Mother was thwarting his efforts at visitation, the parties

Download Paternity of N.P.; R.P. v. L.S..pdf

Indiana Law