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Judges reverse adoption completed while mother was out of state

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The Indiana Court of Appeals has reversed the grant of an adoption petition by a child’s paternal grandparents, finding the matter was surrounded by irregular and fraudulent circumstances.

In In Re the Adoption of M.P.S., Jr.; A.S. v. M.P.S., Sr., M.S., and An.S., No. 88A01-1108-AD-387, mother A.S. appealed the grant of adoption of her son by M.S. and An. S., the mother and stepfather of M.P.S. Sr., who is the father of M.P.S. Jr. The boy was born out of wedlock to the young parents, who married and then lived in Virginia before moving to Indiana to live with the father’s mother and stepfather. At some point the parents moved back to Virginia with their son to live with M.P.S. Sr.’s father and stepmother, but eventually moved back to Indiana and lived with the grandparents.

M.S. and An. S. sought to adopt M.P.S. Jr. The parents met with the grandparents’ attorney, but did not have their own attorney. The parents signed consent for the adoption, which was notarized by the attorney, but her notary commission had recently expired. She also advised the parents the consents were revocable up until the adoption hearing.

The parents were to go to Virginia to take a sibling of M.P.S. Sr. so the sibling could live with his parent in Virginia. M.P.S. Sr. quickly moved up the trip so that he and his wife would be out of town during the adoption hearing. They had not received notice of the hearing. While in Virginia, M.P.S. Sr. left A.S. behind in the middle of the night. While she was gone, she learned her son had been adopted. M.P.S. Sr. continued to live with his mother and stepfather.

The COA reversed, finding numerous procedural errors, involuntariness and fraud upon the court. It appeared the trip was planned to keep the mother from withdrawing her consent. Also, at the hearing, the grandparents testified that the child had lived with them his whole life, which was incorrect.

In addition, A.S. signed her consent for adoption under the premise that her living conditions would not change and she would continue to live with her son.

The judges remanded with instructions to vacate the adoption decree and to comply with Indiana Code 31-14-13-1, which vests sole legal custody of a child born out of wedlock to the biological mother.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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