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Justices remand for more proceedings on grandparent visitation order

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After finding a grandparent visitation order entered in Johnson County is voidable because of defects, the Indiana Supreme Court sent the case back to the trial court for new findings and conclusions without hearing new evidence.

M.L.B. was born out of wedlock and never had a relationship with his biological father. But his paternal grandfather M.A.B. was present in the child’s life from the beginning and mother K.J.R. allowed the boy to have frequent contact with the family, as long as the biological father was not present. After her new husband sought to adopt M.L.B., she curtailed the visits. M.A.B. intervened in the proceedings to petition for grandparent visitation.

The court awarded him visitation beyond what the boy typically experienced, including overnights and a summer family vacation of up to 10 days. The mother appealed, arguing it violated her fundamental parental rights. A divided Indiana Court of Appeals affirmed.

In In Re: Visitation M.L.B.: K.J.R. v. M.A.B., 41S01-1209-MI-556, Justice Loretta Rush outlined the four factors a grandparent visitation order should address, as discussed in Troxel v. Granville, 530 U.S. 57 (2000), and later adopted by the Court of Appeals in McCune v. Frey, 783 N.E.2d 752, 757-59 (Ind. Ct. App. 2003), and by the Supreme Court in In Re K.I., 903 N.E.2d 453, 457 (Ind. 2009). The first three factors implement the constitutionally protected right of fit parents to make child-rearing decisions and reflect the significant burden of proof grandparents must carry to override those decisions. The order in the instant case is insufficient as to all three, Rush pointed out.

None of the trial court’s findings give any indication it recognized the presumption that a fit parent acts in his or her child’s best interests or special weight to a fit parent’s decision to deny or limit visitation. The justices also found that the amount of visitation awarded to M.A.B. far exceeded the parties’ earlier pattern.

On the fourth factor, which considers the child’s best interest, the trial court’s findings are amply supported by the evidence and that factor is satisfied.

“… despite the trial court’s ample ‘best interests’ findings, the lack of findings on the other three factors, both standing alone and as compounded by the extensive visitation awarded without those necessary findings, violates Mother’s fundamental right to direct M.L.B.’s upbringing,” Rush wrote for the unanimous court.

The justices found the trial court order is defective and voidable and ordered on remand for the trial court to issue new findings and conclusions as required by McCune and K.I.

 

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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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