ILNews

Court orders hearing on child’s best interests

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has reversed an order giving a father physical custody of his child. The child’s maternal grandparents had assumed guardianship of the child following the death of the child’s mother.

Mother had custody of L.T., and father C.T. was granted parenting time and ordered to pay child support when mother died in October 2012. Her parents filed a petition in Hamilton Superior Court seeking guardianship of the child. Father purportedly consented and they were appointed co-guardians.

C.T.’s parents filed a petition in Marion Circuit Court to transfer the case to Marion County paternity court; the Hamilton County court transferred the case. It was consolidated with the maternal grandparents’ petition to adopt filed in probate court in Marion County. The Marion County court determined that Hamilton County did not have subject matter jurisdiction over the guardianship proceedings and terminated the grandparents’ guardianship. The court ordered the child immediately returned to C.T.

The Court of Appeals noted in In Re the Adoption of L.T.: J.M. and S.M. v. C.T., 49A05-1310-AD-493, that father confuses subject matter jurisdiction and venue. Had the subject of the child’s custody been first properly brought before the Marion County juvenile court for litigation, the Hamilton County probate court would have been precluded from making a custody determination regarding the same child, even if the child was a Hamilton County resident, Judge L. Mark Bailey wrote.

But the filing of a case in a county in which venue does not properly reside does not divest the trial court of subject matter jurisdiction.

The Hamilton County Superior Court, Probate Division did not lack subject matter jurisdiction to conduct guardianship proceedings. When the court was informed of its lack of proper venue and the Marion County paternity proceedings, the matter was transferred. Upon consolidation in the Marion County Superior Court, Probate Division, it was then incumbent upon the probate court to complete the proceeding. The probate court erred in granting relief from the guardianship order on grounds that the order was void for lack of subject matter jurisdiction.

Father argued that upon the child’s mother’s death, the child should have immediately been returned to him as the surviving parent since paternity had already been established.

“Ultimately, however, we need not decide whether, upon death of one parent, the surviving parent is entitled to automatic extinguishment of an existing guardianship. Those are not the circumstances of this case,” Bailey wrote. “Here, Father relinquished a right to custody of Child immediately upon Mother’s death. For reasons no yet developed in a best interests hearing, Father signed – subsequent to Mother’s death – a consent to guardianship of Child. As no hearing has been conducted, the record on appeal is devoid of any evidence of changed circumstances.”

The judges ordered a hearing on the best interests of the child.
 

ADVERTISEMENT

  • truth b told
    Also I filed forgery charges in Hamilton county and also in Marion county and nobody seems to care because the officer said it will sit in a drawer and collect dust before it gets to a prosecutor because my child belonging to me from being stole from me isn't important as "real"forgery...sad world but luckily I have great parent...I couldn't imagine anyone going thru this knowing u are a great parent and won multiple times in court..never lost in 5 courts. ..sad but u only get so many doors and they are running out...
  • truth b told
    I'm the guy going through this and the point that is being missed is I never consented or waived anything and they forged my signature as well as the notary so this is the reason why justice hasn't been served and its gonna take a best interest hearing which we already done in a brief but I never got to show all the forged evidence so I will let u know in October 272829..smh 2 yrs because they depend on people to run out of money first sad world but my daughter comes first. .
    • Screwed
      This is what happened to me. My Ex-wife was killed in a Car wreck which was driven by her brother. In the vehicle was my daughter and my ex wife's parents. Tragically the Grandparents and my ex were killed in a Roll Over. The Uncle and my daughter survived. I went to Court 2 weeks after being informed as to what occurred. We went thru the motions etc...then the Best interest of the Child was brought into play.Because her uncle(who was convicted numerous times of drunk driving) had visited and or had a direct contact in that community(I live in Indy) with my daughter the Court awarded him! custody,I will say nothing about the brainwashing and foot dragging by the Courts,the courts callous and indifferent behaviour and attitude was of the highest caliber of disgusting.I pity this man,suffice it to say,I have zero contact with my daughter.I wish him luck.

      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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

      2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

      3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

      4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

      5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

      ADVERTISEMENT