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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. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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