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

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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.

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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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