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STEWART v. STEWART

No. 49A04-8702-CV-42.

521 N.E.2d 956 (1988)

Thomas R. STEWART, Appellant (Petitioner below), v. Debra R. STEWART, Appellee (Respondent below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied May 18, 1988.

Attorney(s) appearing for the Case

Timothy A. Rowe, David W. Hamilton, Austin, Rowe & Hamilton, Indianapolis, for appellant.

David F. Hamilton, Jean M. Terpstra, Barnes & Thornburg, Richard A. Waples, Indiana Civ. Liberties Union, Indianapolis, for Indiana Civ. Liberties Union and Amicus.

Leslie P. Simpson, Mary T. Wolf, Legal Services Organization of Indiana, Inc., Indianapolis, for appellee.

MILLER, Presiding Judge.

Thomas R. Stewart, who has tested positive for the AIDS virus, appeals the termination of his parental visitation rights with his two year old daughter, Kara Stewart. The issues raised on appeal include:

1. Whether the trial court abused its discretion in terminating Thomas' parental visitation rights on the basis that he presented a physical danger to Kara; 2. Whether the trial court abused its discretion in denying Thomas...

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