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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. 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

  2. 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

  3. 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.

  4. I totally agree with John Smith.

  5. An idea that would harm the public good which is protected by licensing. Might as well abolish doctor and health care professions licensing too. Ridiculous. Unrealistic. Would open the floodgates of mischief and abuse. Even veteranarians are licensed. How has deregulation served the public good in banking, for example? Enough ideology already!

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