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COA rules Marion County had exclusive jurisdiction over custody of boy

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The Indiana Court of Appeals reversed an order out of Montgomery County regarding custody and parenting time of a boy because that court could not properly exercise jurisdiction. Marion County had exclusive jurisdiction over the custody of the boy.

M.B. and N.S. were appointed guardians of B.C. by Marion Superior Court, Probate Division, July 31, 2012. M.B. is the boy’s maternal grandfather. At this time, paternity had not been established. J.C., the boy’s biological father, filed a petition to establish paternity, custody, support and parenting time in Montgomery Circuit Court Dec. 19, 2012. In May 2013, the guardians filed a petition for adoption in Marion Superior Court.

At issue in In the Matter of the Paternity of B.C., M.B. and N.S. v. J.C., 54A01-1309-JP-398, is whether Montgomery Circuit Court or Marion Superior Court had jurisdiction to determine the custody of B.C.

The Court of Appeals found the Marion Superior Court had jurisdiction to enter its July 31, 2012, order appointing M.B. and N.S. as guardians over B.C. because, at that time, J.C. had not yet filed his verified petition to establish paternity. And based on statute, Montgomery Circuit Court was authorized to enter its order Dec. 20, 2012, establishing paternity because the issue of whether J.C. was B.C.’s father was not an issue pending before Marion Superior Court.

But the Montgomery Circuit Court was precluded from entering its July 5, 2013, order finding that the guardians should retain physical custody of B.C. at that time, that J.C. and the biological mother share joint legal custody, and that both parents should have parenting time. The guardianship, paternity, and adoption proceedings all relate to custody – a subject that was properly before the Marion Superior Court due to the guardianship action, the appeals court held.

The judges found that I.C. 31-19-2-14, which governs the exclusive jurisdiction when a petition for adoption and a petition to establish paternity are pending at the same time, controls rather than I.C. 31-30-1-1(3).

“While the Guardians did not cite Ind. Code § 31-19-2-14 to the Montgomery Circuit Court, they did request a transfer of the case to the Marion Superior Court, albeit to the guardianship proceedings, and the evidence presented at the hearing in the Montgomery Circuit Court included mention of the adoption petition filed by the Guardians,” Judge Elaine Brown wrote.

“Because the petition for adoption and the paternity action were pending at the same time, the court in which the petition for adoption had been filed had exclusive jurisdiction over the custody of B.C. Accordingly, the Montgomery Circuit Court could not properly exercise jurisdiction to enter its July 5, 2013 order as the Marion Superior Court had exclusive jurisdiction over the custody of B.C., and the Marion Superior Court erred when it dismissed the guardianship and adoption proceedings. We reverse the Montgomery Circuit Court’s July 5, 2013 order and remand with instructions for the Marion Superior Court to comply with all provisions of Ind. Code §§ 31-19 and 29-3.”
 

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  1. 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?

  2. 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?

  3. 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.

  4. 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?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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