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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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