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COA reverses vacation of grandparent visitation

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Even though a grandmother lacked standing to pursue a grandparent visitation order when it was granted, the trial court erred in later vacating the order, the Indiana Court of Appeals ruled. The grandchildren’s guardians’ objections to the grandmother’s lack of standing were waived when they failed to appeal the original order.

J.C. is the mother of M.A., who had two daughters with his wife. The girls were home when he shot and killed his wife. M.A. went to prison and the girls moved in with M.A.’s half brother J.B. and his partner S.B. The couple later filed for guardianship of the girls, in which the grandmother filed to intervene and a petition for visitation.

J.C. was eventually granted unsupervised grandparent visitation on a strict schedule. The guardians didn’t appeal the original order or an amended order. After the grandmother initiated a telephone call between one of the girls and her incarcerated father, the guardians sought to terminate J.C.’s visitation. They claimed she never had standing under the grandparent visitation statute. J.C. argued that the guardians waived their standing by consenting to the provisional visitation agreement and by not appealing the original visitation order.

The trial court ruled in favor of the guardians and vacated the visitation order.

The Court of Appeals reversed, pointing out that the grandmother’s appeal is not moot because the girls were adopted by J.B., who is the girls’ uncle. It does not matter that S.B. is not biologically related to the girls.

J.C. does not have standing under the Act because she is the parent of M.A., who is still alive and her son’s marriage was not dissolved at the time of his wife’s death. But although the initial visitation order was erroneous, the guardians waived their objections to J.C.’s standing when they failed to appeal.

“Given that nearly a year has passed since the grandparent visitation order has been vacated, it may be wise for the trial court to schedule a hearing sua sponte on the children’s best interests to determine whether and to what extent grandparent visitation should occur in the future,” Judge John Baker wrote in In Re The Guardianship of A.J.A. and L.M.A., J.C. v. J.B. and S.B., 48A02-1204-GU-326.

 

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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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