ILNews

Court grants visitation for partner in guardianship case

Michael W. Hoskins
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
When Patrick Atkins suffered a brain hemorrhage and subsequent stroke on a business trip in 2005, his partner of almost 30 years wanted to be there and visit.

While Atkins' family didn't approve of the relationship, Brett Conrad was allowed to visit and have contact with his partner at first. But the family began cutting off that contact and eventually the two sides went to court over visitation rights and guardianship. Conrad lost in Hamilton Superior Court before Judge Steven Nation, who granted guardianship to Atkins' family and allowed them control of visitation - which they'd said in trial would not be allowed for Conrad.

Today, the Indiana Court of Appeals reversed that lower court's decision and gave the Fishers man visitation rights and contact with Atkins. The 2-1 ruling came in Guardianship of Patrick Atkins; Brett Conrad v. Thomas Atkins and Jeanne Atkins, No. 29A02-0606-CV-471.

"We are confronted here with the heartbreaking fracture of a family," Chief Judge John Baker wrote. "Brett and Patrick have spent twenty-five years together as life partners - longer than Patrick lived at home with his parents - and their future life together has been destroyed by Patrick's tragic medical condition and by the Atkinses' unwillingness to accept their son's future.

"Although we are compelled to affirm the trial court's order that the Atkinses be appointed Patrick's co-guardians under our standard of review, we reverse the trial court with respect to Brett's request for visitation inasmuch as all credible evidence in the record establishes that it is in Patrick's best interest to continue to have contact with his life partner."

The appellate court also found that the trial court should have required Patrick's presence at the hearing, but that his court-appointed guardian ad litem waived that right by failing to enforce it. Additionally, the court concluded the lower court properly set off the couple's Charles Schwab account to the guardianship estate, but that it erroneously refused Conrad's request for the estate to pay some of his attorney fees and costs.

Judge Carr Darden was the lone dissenter on this case, writing a nearly four-page separate opinion.

Noting that the majority relied on Indiana Code section 29-3-5-3(b) to declare the trial court was required to enter orders encouraging development of Patrick's self-improvement and well-being, Judge Darden wrote, "I can agree that such would indeed be a laudable goal of a guardianship order, but I cannot agree this is what the statute requires."

He also notes that the majority has "impermissibly reweighed evidence and assessed witness credibility in violation of our long accepted standard of review."
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

ADVERTISEMENT