ILNews

COA: Grandma didn't have standing to petition for visitation

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has reversed the denial of a mother’s request to set aside grandparent visitation, finding the grandmother filed her petition in the incorrect court.

In Visitation of P.V.D. and P.I.D.; P.M. v. K.B., No. 45A03-1102-JM-79, mother P.M. challenged the grant of grandparent visitation rights to her mother K.B. P.M.’s two children were born out of wedlock, but P.M. moved to Illinois to be with their father and the two later married.

Before P.M. married, K.B. filed a petition for visitation in Lake County under the Grandparent Visitation Act. P.M. asked for a hearing to be continued because she was injured in a car accident and unable to travel, but the trial court denied her request and conducted a hearing on the grandmother’s petition. Neither parent of the minor children was present for the hearing.

The trial court concluded that the grandmother had overcome the presumption that the parents’ wishes to limit her visitation were in the children’s best interests, and that both parents should be defaulted for not appearing. The judge ordered K.B. the “maximum grandparent visitation rights allowed under Indiana law,” which included one weekend a month, Thanksgiving Day, Christmas Eve, and New Year’s Day.

K.B. later filed a motion to find the parents in contempt of the visitation order. The trial court found the parents in contempt and ordered father to 30 days in jail, which was withheld if he complied with the order. The parents were also ordered to pay K.B.’s attorney fees and allow for double visitation for the next three months to make up for the time that K.B. lost.

P.M. filed a motion to dismiss, arguing that K.B. didn’t have standing to seek visitation under the GVA, which the trial court denied. The trial court found it had jurisdiction by virtue of the children’s relocation to another state less than six months before K.B. filed her petition and the fact that no action for visitation had been filed in Illinois.

But the action should have been filed in Illinois instead of Lake County, the appellate court concluded. Indiana Code 31-17-5-4 requires the grandparent seeking visitation rights to file the petition in a court in the county in which the children reside. In addition, P.M. and her husband haven’t dissolved their marriage in any Indiana court, so under the plain language of the statute, Lake County is not the proper venue for the petition, wrote Judge Cale Bradford.

The judges reversed the denial of P.M.’s motion to set aside the visitation order, and remanded with instructions to rescind the previous order granting K.B. visitation with the children under the GVA. Any future requests for visitation should be filed in the county in which the children live in Illinois.

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. Good riddance to this dangerous activist judge

  2. 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.

  3. 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.

  4. 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.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT