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COA affirms order allowing grandparent visitation with deceased son's daughter

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The Indiana Court of Appeals Wednesday upheld the order granting visitation to the paternal grandfather of a child whose father killed himself before her birth. But one judge had reservations about the visitation arrangements.

Mother K.L. was legally separated from her husband W.L. when she began a relationship with L.H. in April 2011. She became pregnant and spent time at the home of E.H., L.H.’s father, on occasion during their relationship. In October 2011, L.H., the father of L.L., committed suicide, which led to a break in communication between K.L. and E.H. The father’s attended a baby shower for her and K.L. invited E.H. and his wife to the hospital after L.L. was born. It was later determined that L.H. was the baby’s father.

K.L. and W.L. have reconciled since their divorce. E.H. had been unable to see L.L., despite his requests, so he filed for visitation. The trial court ordered mediation, but it was unsuccessful. The court granted E.H.’s petition and dictated that L.L. would visit E.H. every other Sunday for two hours. The visits would initially be supervised, but later transition to unsupervised.

K.L. appealed, arguing the mediator should have been able to testify that E.H. was the one who made mediation unsuccessful as well as that the visitation should not have been granted. She claimed to have a limited relationship with E.H., was worried he could not care for L.L.’s tubes in her ears properly, and worried the visitation would raise questions about her biological father before K.L. was ready to explain the issue to her child.

In K.L. v. E.H., 29A02-1308-MI-681, the Court of Appeals rejected K.L.’s argument regarding the mediator’s testimony, noting that the trial court made it clear that the statements made during mediation would be confidential and the mediator could not testify. It does not matter that this issue involves visitation of a child, as K.L. argued.

The judges also found no abuse in discretion in granting E.H.’s petition for visitation, citing Troxel v. Granville, 530 U.S. 57, 120 S. Ct. 2054 (2000), and Indiana Code. The trial court noted limited contact K.L. had with E.H.’s family before and after L.H.’s death, that mother ignored E.H.’s requests for visitation, E.H.’s extensive experience caring for children, and there was no evidence L.L. would be in danger when visiting her grandfather. The court also afforded little to no weight to some of the concerns expressed by K.L.

Judge Margret Robb, in her separate opinion, took issue with the trial court’s lack of consideration to the mother’s concerns and dissented from the majority’s decision to affirm without reservation the visitation order. Robb believed the visitation schedule is not crafted to meet L.L.’s best interests, given how quickly the order increases visitation time and frequency. Robb would remand for the visitation to occur twice a month for two hours under mother’s supervision, with any modifications to be made only after a report to the court.

 

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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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