noting that “[a]t least some of the relief sought in this case falls within that which [In re Guardianship of B.H., 770 N.E.2d 283 ] grants persons other than natural parents to seek and Indiana trial courts, where appropriate, discretion to award”
How later courts described this case
- noting that “[a]t least some of the relief sought in this case falls within that which [In re Guardianship of B.H., 770 N.E.2d 283 ] grants persons other than natural parents to seek and Indiana trial courts, where appropriate, discretion to award”
- noting that in ruling on a motion to dismiss for failure to state a claim, the trial court is required to view the complaint in a light most favorable to the nonmoving party and with every reasonable inference in its favor
- holding that a domestic partner may be entitled to “[a]t least some relief”
Written by the judges who cited it.
The opinion
SHEPARD, Chief Justice,
concurring.
I write separately only to highlight what the majority has already said about the limited nature of today's ruling, which I see as far more modest than my friend Justice Dickson suggests. Whether any element of King's claims will be legally sustainable remains an open question for resolution after a hearing on the merits.