ILNews

COA rules grandparent visitation order prejudiced father

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A father who asked the trial court for a continuance to hire a lawyer after he realized his child’s grandparents had hired an attorney was prejudiced when the request was denied, the Indiana Court of Appeals ruled Monday.

The appeals panel reversed an order granting grandparents of a 3-year-old child visitation and remanded for a new hearing in J.P. v. G.M. and R.M., 38A02-1311-MI-960.

The case involves the children’s father and the maternal grandparents of a child whose mother died a little more than a year after the child was born.

Jay Circuit Judge Brian D. Hutchison awarded grandparents visitation similar to that awarded to a noncustodial parent under the Indiana Parenting Time Guidelines after a brief hearing. Father was not represented but asked for a continuance after expressing surprise that grandparents were represented. “I thought we were all just going to do it without an attorney so I didn’t get one,” father said, according to the record.

“Under the circumstances, we conclude that Father demonstrated good cause for a continuance of the hearing, that this case involved at least some complexity as well as a fundamental right of Father, and that Father was prejudiced by the denial of his motion for a continuance,” Judge Elaine Brown wrote for the panel.

“We also conclude that a delay would not have prejudiced Grandparents to an extent to justify denial of the continuance. Therefore, we conclude that the trial court abused its discretion in denying Father’s motion to continue, and because we so find, we do not address Father’s other arguments.”
 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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