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COA: Twins to remain with guardian, not grandmother

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The Indiana Court of Appeals has affirmed a lower court’s ruling that twins from northern Indiana may be adopted by their guardian in Bloomington over the objections of the children’s father and paternal grandmother.

In In the Matter of the Adoption of J.L.J. and J.D.J., Minor Children; J.J. and T.H. v. D.E., 53A01-1306-AD-285, father J.J. and grandmother T.H. sought to reverse the Monroe Circuit court order dispensing with father’s consent to the adoption of the twins and denying grandmother’s petitions for guardianship and adoption of the children.

Mother J.S. and father have been in an off-and-on relationship that has produced four children. At one point, mother had four children under the age of 2 in her care. The twins, born in Benton Harbor, Mich., where grandmother and father lived, resided in South Bend with their mother. The mother would leave the twins with different friends and relatives often, including grandmother. Father spent some time incarcerated during the twin’s young lives and never paid child support despite a court order.

A friend of J.S.’ mother, D.E., who had been seeking to adopt for years, learned about mother and her situation and drove from Bloomington to South Bend to visit with the mother. That day J.S. signed a consent form to allow D.E. to become guardian and eventually adopt the children.

Father didn’t contest D.E.’s petition for appointment as guardian and to adopt within 30 days of receiving notice, although later he and his mother challenged the petitions. Grandmother wanted the children placed with her. The trial court ruled in favor of D.E.

The Court of Appeals affirmed on interlocutory appeal. It found sufficient evidence to support the determination that father’s consent was not required based on his knowing failure to provide care and support for the twins, despite an ability to do so. The trial court did not abuse its discretion in concluding that grandmother was not entitled to notice of the guardianship proceedings because the twins did not live with her 60 days prior to D.E. filing her petitions, Judge Patricia Riley wrote.

The Interstate Compact on the Placement of Children does not apply, as grandmother argued, because the children were considered residents of Indiana, despite being born in Michigan and sometimes living there.

Finally, the COA held it is in the best interests of the children to be adopted by D.E. They are very well-adjusted 2-1/2 year olds, the court found, and they are receiving excellent services.
 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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