ILNews

COA affirms child should be raised with half-siblings

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed the petition to adopt a child by a couple who have already adopted her half-siblings. Although the couple temporarily dropped their petition to adopt, the judges agreed it is in the child’s best interests to be raised with her siblings.

M.H. was born in 2012 and removed from her mother’s care due to drug use. N.B. and R.B. filed a petition to adopt M.H. a month after her birth. They have five adopted children – including three biological half-siblings of M.H. and one biological cousin of M.H.  W.M. and her adult daughter, S.K., also filed a petition to adopt. W.M. is the maternal great aunt of the biological mother. She is in her 60s and lives alone, but still works. S.K. has two pre-teen aged children.

At a 2013 hearing to adopt M.H., Vanderburgh Superior Judge Brett Niemeier told the parties he had received an email from a fraternity brother that was in favor of N.B. and R.B. He said he stopped reading it as soon as he realized what it was about, and he gave the parties the option to ask him to recuse himself. W.M. and S.K. moved for his recusal, but he denied the motion.

Nearly a month later, N.B. and R.B. decided to stop pursuing the adoption, believing one of their children had cancer and they would need to direct their attention to that issue. The parents had each of their school-aged children write mean letters to W.M. and S.K., saying things like “shame on you,” and “you made kids and adults cry.”

M.H. went to live with W.M.

N.B. and R.B. later resumed their petition for adoption after learning their child did not have cancer. At a hearing, Niemeier said there was no doubt that both families could care for M.H. He cited, among other factors, W.M.’s age, that the children have to sit at separate tables to eat at N.B. and R.B.’s home, the financial situation of N.B. and R.B., and that the attachment factor favors W.M. But he found it important that M.H. grow up with her relatives near her own age, so he granted N.B. and R.B.’s petition to adopt.

In In the Matter of the Adoption of M.H., W.M. & S.K. v. N.B. & R.B., 82A01-1310-AD-449, the judges affirmed, finding that Niemeier did address the concerns that W.M. and S.K. raised on appeal, including R.B.’s health and the family’s financial situation.

The COA also affirmed Niemeier’s decision to not recuse himself. He fully complied with Judicial Conduct Rule 2.9(B) and he adequately explained his reasoning to the parties. He rarely sees the fraternity brother, the man has his email because of fraternity emails, and he can’t recall the last time he saw the man or his family. W.M. and S.K. did not overcome the presumption that the judge acted impartially, the COA ruled.

“Finally, we note our agreement with the trial court that the circumstances of this case are unfortunate and can be made worse were the Appellees to follow through on their statements to deny the Appellants a chance at having a relationship with M.H. W.M. has played an important role in M.H.’s formative years, and she clearly treasures her relationship with M.H. Although we acknowledge that it is beyond the scope of this court’s authority to mandate visitation between the Appellants and M.H., we echo the trial court’s words of encouragement that, as the stress and anger associated with litigation recede, the Appellees will allow for some degree of contact between them,” Judge Elaine Brown wrote.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT