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COA: Twins to remain with guardian, not grandmother

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The Indiana Court of Appeals has affirmed a lower court’s ruling that twins from northern Indiana may be adopted by their guardian in Bloomington over the objections of the children’s father and paternal grandmother.

In In the Matter of the Adoption of J.L.J. and J.D.J., Minor Children; J.J. and T.H. v. D.E., 53A01-1306-AD-285, father J.J. and grandmother T.H. sought to reverse the Monroe Circuit court order dispensing with father’s consent to the adoption of the twins and denying grandmother’s petitions for guardianship and adoption of the children.

Mother J.S. and father have been in an off-and-on relationship that has produced four children. At one point, mother had four children under the age of 2 in her care. The twins, born in Benton Harbor, Mich., where grandmother and father lived, resided in South Bend with their mother. The mother would leave the twins with different friends and relatives often, including grandmother. Father spent some time incarcerated during the twin’s young lives and never paid child support despite a court order.

A friend of J.S.’ mother, D.E., who had been seeking to adopt for years, learned about mother and her situation and drove from Bloomington to South Bend to visit with the mother. That day J.S. signed a consent form to allow D.E. to become guardian and eventually adopt the children.

Father didn’t contest D.E.’s petition for appointment as guardian and to adopt within 30 days of receiving notice, although later he and his mother challenged the petitions. Grandmother wanted the children placed with her. The trial court ruled in favor of D.E.

The Court of Appeals affirmed on interlocutory appeal. It found sufficient evidence to support the determination that father’s consent was not required based on his knowing failure to provide care and support for the twins, despite an ability to do so. The trial court did not abuse its discretion in concluding that grandmother was not entitled to notice of the guardianship proceedings because the twins did not live with her 60 days prior to D.E. filing her petitions, Judge Patricia Riley wrote.

The Interstate Compact on the Placement of Children does not apply, as grandmother argued, because the children were considered residents of Indiana, despite being born in Michigan and sometimes living there.

Finally, the COA held it is in the best interests of the children to be adopted by D.E. They are very well-adjusted 2-1/2 year olds, the court found, and they are receiving excellent services.
 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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