ILNews

COA: Grandma didn't have standing to petition for visitation

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has reversed the denial of a mother’s request to set aside grandparent visitation, finding the grandmother filed her petition in the incorrect court.

In Visitation of P.V.D. and P.I.D.; P.M. v. K.B., No. 45A03-1102-JM-79, mother P.M. challenged the grant of grandparent visitation rights to her mother K.B. P.M.’s two children were born out of wedlock, but P.M. moved to Illinois to be with their father and the two later married.

Before P.M. married, K.B. filed a petition for visitation in Lake County under the Grandparent Visitation Act. P.M. asked for a hearing to be continued because she was injured in a car accident and unable to travel, but the trial court denied her request and conducted a hearing on the grandmother’s petition. Neither parent of the minor children was present for the hearing.

The trial court concluded that the grandmother had overcome the presumption that the parents’ wishes to limit her visitation were in the children’s best interests, and that both parents should be defaulted for not appearing. The judge ordered K.B. the “maximum grandparent visitation rights allowed under Indiana law,” which included one weekend a month, Thanksgiving Day, Christmas Eve, and New Year’s Day.

K.B. later filed a motion to find the parents in contempt of the visitation order. The trial court found the parents in contempt and ordered father to 30 days in jail, which was withheld if he complied with the order. The parents were also ordered to pay K.B.’s attorney fees and allow for double visitation for the next three months to make up for the time that K.B. lost.

P.M. filed a motion to dismiss, arguing that K.B. didn’t have standing to seek visitation under the GVA, which the trial court denied. The trial court found it had jurisdiction by virtue of the children’s relocation to another state less than six months before K.B. filed her petition and the fact that no action for visitation had been filed in Illinois.

But the action should have been filed in Illinois instead of Lake County, the appellate court concluded. Indiana Code 31-17-5-4 requires the grandparent seeking visitation rights to file the petition in a court in the county in which the children reside. In addition, P.M. and her husband haven’t dissolved their marriage in any Indiana court, so under the plain language of the statute, Lake County is not the proper venue for the petition, wrote Judge Cale Bradford.

The judges reversed the denial of P.M.’s motion to set aside the visitation order, and remanded with instructions to rescind the previous order granting K.B. visitation with the children under the GVA. Any future requests for visitation should be filed in the county in which the children live in Illinois.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Paul Ogden doing a fine job of remembering his peer Gary Welsh with the post below and a call for an Indy gettogether to celebrate Gary .... http://www.ogdenonpolitics.com/2016/05/indiana-loses-citizen-journalist-giant.html Castaways of Indiana, unite!

  2. It's unfortunate that someone has attempted to hijack the comments to promote his own business. This is not an article discussing the means of preserving the record; no matter how it's accomplished, ethics and impartiality are paramount concerns. When a party to litigation contracts directly with a reporting firm, it creates, at the very least, the appearance of a conflict of interest. Court reporters, attorneys and judges are officers of the court and must abide by court rules as well as state and federal laws. Parties to litigation have no such ethical responsibilities. Would we accept insurance companies contracting with judges? This practice effectively shifts costs to the party who can least afford it while reducing costs for the party with the most resources. The success of our justice system depends on equal access for all, not just for those who have the deepest pockets.

  3. As a licensed court reporter in California, I have to say that I'm sure that at some point we will be replaced by speech recognition. However, from what I've seen of it so far, it's a lot farther away than three years. It doesn't sound like Mr. Hubbard has ever sat in a courtroom or a deposition room where testimony is being given. Not all procedures are the same, and often they become quite heated with the ends of question and beginning of answers overlapping. The human mind can discern the words to a certain extent in those cases, but I doubt very much that a computer can yet. There is also the issue of very heavy accents and mumbling. People speak very fast nowadays, and in order to do that, they generally slur everything together, they drop or swallow words like "the" and "and." Voice recognition might be able to produce some form of a transcript, but I'd be very surprised if it produces an accurate or verbatim transcript, as is required in the legal world.

  4. Really enjoyed the profile. Congratulations to Craig on living the dream, and kudos to the pros who got involved to help him realize the vision.

  5. 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?

ADVERTISEMENT