The Indiana Court of Appeals has recently considered grandparents' visitation rights. After confirming that the applicable statute contemplates only "occasional, temporary visitation," the court stated that grandparent visitation should not be a "substantial infringement" of the fundamental right of parents to raise their children as they see fit. The burden is on the grandparent to prove that a "fit" parent's decision is not in the child's best interest. However, if there has been prior visitation, the main issue is not access but how much is best for the child.
The Indiana Home Improvement Fraud Act provides remedies in addition to common law actions for fraud and constructive fraud. Thus, even if a court finds no tort of fraud, it could still find "home improvement fraud." There is no reliance element under the Act. A plaintiff may prevail by proving misrepresentation of a material fact, a promise of performance not intended, deception that caused a plaintiff to enter into the contract or an unconscionable contract. A successful plaintiff may also recover both trial and appellate attorney fees.