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COA: inequity in grandparent visitation act

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The Indiana Court of Appeals discovered an inequity in the Grandparent Visitation Act due to the lack of biological relationships between the parties in an adoption petition.

In the case, In Re: Adoption of L.D.; A.B. and N.E. v. Jo.D and Ja.D., No. 49A02-0907-CV-671, the appellate judges noted a potential and presumably unintended bias in Indiana Code Section 31-17-5-9, the Grandparent Visitation Act. Paternal grandparents Jo.D. and Ja.D. filed for adoption of their adopted son's child, L.D. Mother A.B.'s co-worker, N.E., cared for the boy while she was incarcerated; N.E. later adopted A.B.

A.B. and N.E. opposed L.D's adoption; the trial court granted some visitation to N.E. before the adoption was finalized. Once the adoption petition was granted, the paternal grandparents told N.E. they planned to phase out visitation with her.

The mother and N.E. appealed several issues, including N.E.'s rights to visitation as a grandparent. But based on the language of the act, her visitation can't continue now that the child has been adopted, the Court of Appeals concluded. The act provides that visitation rights survive adoption by a stepparent or person who is biologically related to the child. Since the paternal grandparents aren't biologically related to L.D., N.E. isn't entitled to visitations as a matter of law under the act, wrote Judge Edward Najam.

In addition, if N.E. had been the one to adopt the boy, then the paternal grandparents wouldn't have had any rights under the act because N.E. isn't biologically related to the boy.

"Whether this consequence was intended or should be rectified we leave for the Legislature to decide," wrote the judge.

The judges affirmed the trial court's order denying the motion to set aside the petition decree. The mother failed to show that the service of process by publication in a newspaper she was unlikely to read was inadequate. N.E. didn't show that the adoption statute's failure to require that she, as a grandparent, receive notice of the adoption proceeding violates her due process rights in that a grandparent does not have a liberty interest in visitation with grandchildren.

The appellate court also dismissed mother's argument that the paternal grandparents should have gotten her consent for the adoption because it wasn't properly before the court.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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