ILNews

Divided COA reverses grandparent visitation order

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Indiana Court of Appeals judges split on their views of the best interests of a child Tuesday, reversing a trial court order granting visitation to the paternal grandparents of a 4-year-old whose father committed suicide before the child was born.

The panel in April stayed the visitation order and retained jurisdiction while remanding to the trial court to make required findings to support its judgment allowing overnight visitation with the child, C.S.N.

Judges Patricia Riley and Melissa May concluded the trial court had erred by awarding grandparents visitation by making findings that failed to consider the totality of circumstances surrounding mother’s decision to restrict visitation that had been regular during the first few years of the child’s life.

“We are mindful of the deference to be accorded to the trial court regarding the weight of the evidence and assessment of witness credibility. However, by citing Mother’s failure to prove misconduct by Grandparents, the trial court improperly shifted the burden to Mother to establish that she acted in accordance with the Child’s best interests,” Riley wrote for the majority in In re: The Grandparent Visitation of C.S.N.: Brooke Neuhoff v. Scott A. Ubelhor and Angela S. Ubelhor, 19A05-1311-MI-542.

Chief Judge Nancy Vaidik dissented and would affirm the trial court’s grandparent visitation order. She wrote the trial court’s findings found that mother’s justification for denying visitation “did not, in fact, hold water.”

“(D)eferring to the trial court’s superior opportunity to judge the credibility of the witnesses, I would find that the court did not abuse its discretion in granting Grandparents’ petition,” Vaidik wrote.
 

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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