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IBA: Legislative Committee takes action on grandparents rights

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The Indiana General Assembly grappled with some hefty family law issues during the recent legislative session and the IBA was up to the challenge.

A letter from the Indianapolis Bar Association's Legislative Committee was read during discussion in the Indiana House on Senate Bill 59. The Legislative Committee and the Family Law Section had been keeping a close eye on Senate Bill 59 as it progressed through the legislature. The bill, which set out to expand the parameters surrounding grandparent and great-grandparent visitation, was opposed by section members because it would open the door for potentially contentious litigation in intact families.

IBA Members were kept abreast of legislation this year via updates in the IBA E-Bulletin electronic newsletter and targeted e-mails. "It is critical that members of the Bar be aware and involved in the issues being addressed by the legislature," said Kerry Hyatt Blomquist, co-chair of the IBA's Legislative Committee. "In general terms, our legislators are passing laws that we, as lawyers, will be referencing and that we, as judges, will be interpreting."

Senate Bill 59 was defeated on third reading in the Indiana House on Feb. 25. As of press time, no further action had taken place, but the bill could be revived in conference committee or attached to another piece of legislation.

A letter written by Blomquist outlining the IBA's opposition to SB 59 was read by Rep. Cindy Noe (R-Indianapolis), during discussion before the final vote.

In part, the letter stated: "This bill would create a cause of action for every disgruntled grandparent and allow them the remedy of filing a law suit when they are not allowed to see their grandchildren. Please understand that we are talking about an intact, married couple losing the ability to decide together, as parents of their children, whether to limit or restrict grandparent visitation. That is a right that all parents have, and we believe it is a right that should not be challengeable unless there is a viable concern for the safety or well being of their children."

Chris Worden, a family law attorney and member of the Family Law Section's executive committee, also had testified before the Senate Judiciary Committee that the bill could have a negative impact on intact families and children. "So many family law attorneys oppose this legislation because they've seen how destructive parenting time litigation is for children and parental relationships. It can be stressful and financially devastating," he said.

Members of the Family Law Section had received a number of e-mail updates about this bill and Senate Bill 178, which dealt with custody issues. Members also had a chance to share their comments on an online survey.

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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