ILNews

COA: Court lacked personal jurisdiction

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals reversed a trial court's denial of a biological mother's motion to set aside an adoption decree because the court lacked personal jurisdiction over her and her due process rights were violated.

In In the matter of the adoption of D.C.; H.R. v. R.C., No. 22A01-0709-CV-425, the appellate court ruled the adoptive mother, R.C., did not do everything she could to contact H.R., the biological mother, about R.C.'s petition to adopt D.C. R.C., who married D.C.'s biological father, argued that even though she hadn't complied with Indiana Trial Rules when sending H.R. notice of the adoption proceedings, H.R. is barred from challenging the adoption decree pursuant to Indiana Code Section 31-19-14-4.

The Court of Appeals found that Floyd Circuit Court lacked personal jurisdiction over H.R. in the case because R.C. didn't comply with Indiana Trial Rules, which require a service made to a person through the mail be accompanied by a return receipt showing receipt of the letter. H.R. never received R.C.'s certified mail regarding the adoption proceedings; she didn't find out about the adoption until nearly two years later.

The appellate court also ruled I.C. Section 31-19-14-4 creates an unconstitutional due process violation in this case because the biological mother had the right to make decisions regarding the custody of her child.

The court also questioned whether the Indiana General Assembly anticipated the scenario of this case when they enacted this section of the code because the plain language provides that a person whose parental rights are terminated may not file an untimely challenge to an adoption decree even if the putative father didn't receive notice or if the proceedings were in any other manner defective, wrote Judge Cale Bradford.

The Court of Appeals remanded the matter for a hearing on the merits of R.C.'s adoption petition.
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  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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