ILNews

Court rules on grandparent visitation

Michael W. Hoskins
January 1, 2007
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What is likely to be a ruling of first impression in Indiana and one of a few nationally, the Indiana Court of Appeals today reversed a ruling that had ended a grandmother's visitation with her grandson following the adoption of her adult mother.

The 11-page ruling comes in a guardianship action involving the minor, J.E.M, in Maxine E. Handshoe v. Jessica L. Ridgway, No. 76A03=0612-CV-603.

Grandmother Maxine Handshoe is appealing the Steuben Circuit ruling that terminated her visitation privileges with her biological grandson, J.E.M, who was born out of wedlock in 2001 to her daughter, Ridgway. The grandmother had guardianship until April 2005, when Ridgeway - at age 22 - was adopted in Michigan by her second cousins. She filed a petition to end guardianship and visitation, arguing that Handshoe was no longer J.E.M.'s grandmother by virtue of the adoption. The trial court agreed.

However, in analyzing the issue on appeal, the three-judge appellate panel examined the state's Grandparent Visitation Act.

"The GVA is silent, however, on the question of the effect of an adult parent's adoption on the ability of a biological grandparent to seek visitation with his or her grandchild," the court wrote. "This is a question of first impression in Indiana. Our research has revealed that it also appears to be an issue that seldom has arisen anywhere in the country."

Relying on a decision from a Florida appeals court, Indiana's jurists found that the adoption only applies to Ridgway - not the minor child.

"We conclude that Ridgway's decision to legally sever ties with her biological mother, Handshoe, does not automatically and for purposes of the GVA sever all of Handshoe's ties with her biological grandson, J.M., who himself has not been adopted by any third party," the court wrote, adding that the mother's decision to terminate visitation could be a consideration in whether further visitation should be allowed.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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