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Court: grandparent visitation survives adoption

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State statute clearly allows grandparent visitation to survive a child's adoption by another biological grandparent, the Indiana Court of Appeals has ruled.

In a unanimous decision today in Elizabeth and Terry Baker v. Donnie Lee, No. 36A01-0807-CV-340, the appellate panel affirmed a lower ruling from Jackson Circuit Judge William Vance.

The case involves three children who were born out of wedlock between 1995 and 2002, and whose parents were incarcerated multiple times because of substance abuse. Lee is the maternal grandfather and Elizabeth Baker is the paternal grandmother, who with her husband received guardianship of the children and allowed Lee to visit on an informal basis.

A Scott Circuit judge granted Lee formal visitation in 2007, and the Bakers adopted the kids later that year through Jackson Circuit Court. The visitation became the debatable issue, and Judge Vance determined that Lee's right to see his grandchildren survived the adoption and couldn't be defeated by "the legal gymnastics this case exemplifies."

Since the Bakers moved to Florida, the court-ordered visitation was seven weeks of the school summer vacation and one week during the school winter vacation.

On appeal, the Bakers contended that Lee couldn't have visitation because after the adoption he was no longer a "grandfather," and that he hadn't previously established visitation rights under the existing Grandparent Visitation Act, outlined in Indiana Code § 31-17-5-1.

The appellate panel disagreed, noting the legislature's intent to extend special protection for existing grandparent ties by post-adoptive visitation. The judges also found that because Lee is a grandparent of children born out of wedlock, he is classified as a qualifying relative under the state statute and able to see and obtain an order for visitation.

"The legislature did not carve out an exception for an adoptive biological grandparent who is married to a non-relative of the adoptee(s)," Judge Mark Bailey wrote. "It is logical to assume that many, possibly most, adoptive parents have a spouse who is also an adopting parent. In essence, the Legislature did not require that every party to the adoption be related to the adopted child or children."

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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