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. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.