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. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  2. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  3. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  4. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  5. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well