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COA: Only deceased's parent can have visitation

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A paternal grandmother whose son was convicted of manslaughter in the death of his child's mother doesn't have standing to petition for visitation with her grandchild under the Grandparent Visitation Act, the Indiana Court of Appeals ruled today.

B.M., paternal grandmother to C.R.P., appealed the dismissal of her petition in In Re: The visitation of C.R.P.; B.M. v. J.J.P.,  No. 29A04-0812-JV-758. B.M.'s son, J.J.P., pleaded guilty to manslaughter of his child's mother and voluntarily terminated his parental rights to C.R.P. The child was adopted by a maternal aunt and uncle.

B.M. argued on appeal the trial court misinterpreted the GVA when it concluded the grandparent seeking visitation rights must be the parent of the child's deceased parent. But the Court of Appeals agreed B.M. didn't have standing to petition for visitation. When reading Indiana Code Section 37-17-5-1 and Section 31-9-2-77, which defines a maternal or paternal grandparent, together, the statute provides that a parent of the child's parent may seek visitation rights if the child's parent is deceased. The GVA only confers standing upon grandparents who are the parents of the deceased parent of the child, wrote Judge James Kirsch. As a result, B.M. doesn't have standing and the trial court didn't err in dismissing her petition.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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