ILNews

Court rules on grandparent custody, visitation

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In an opinion handed down Wednesday afternoon, the Indiana Supreme Court held that once a minimal burden has been met by a biological parent, it is up to a third party to prove that it's in a child's best interest to be placed in or remain in the custody of the third party. The high court also ruled that a grandparent must pursue visitation rights under the Grandparent Visitation Act instead of the Indiana Parenting Time Guidelines or de facto custodian statute.

The central issues in the case In Re the Matter of the Paternity of K.I., by grandmother and next friend, J.I., v. J.H., No. 13S05-0805-JV-213, are what standard a trial court should apply when ruling on a parent's petition to modify custody of a child who is already in the custody of a third party; and what role, if any, the presumption in favor of the natural parent plays in a modification proceeding.

K.I. remained in the care of her grandmother, J.I., for more than 18 months and during that time, J.H. exercised his visitation rights. The trial court then granted J.H. custody of his daughter and granted J.I. visitation consistent with the Indiana Parenting Time Guidelines.

The grandmother appealed, claiming the wrong legal standard was applied for custody modifications from a grandparent to the natural parent and the court abused its discretion in awarding custody to J.H. The father cross-appealed the grant of visitation under the Parenting Time Guidelines.

The Indiana Court of Appeals reversed the award of custody to J.H. and remanded for a determination on whether parental presumption had been overcome and if modification was in K.I.'s best interest. The appellate court also said if J.H. got custody on remand, then the trial court had to determine whether the grandmother should have visitation under the Grandparent Visitation Act or de facto custodian visitation.

The Supreme Court decided that the distinctions between the statutory factors required to get initial custody and those needed for a subsequent custody modification aren't significant enough to justify substantially different approaches in resolving custody disputes, wrote Justice Robert Rucker.

A natural parent seeking to modify custody has a very minimal burden of establishing the statutory requirements for modification showing it's in the best interest of the child and there's been a substantial change in one or more of the enumerated factors, wrote the justice. Once that burden has been met, it's up to the third party to prove the best interests of the child are to remain with the third party. J.I. failed to carry her burden, and the high court affirmed modification of custody in favor of J.H.

J.I.'s visitation should have been examined under the Grandparent Visitation Act, not the Parenting Time Guidelines or the de facto custodian visitation act. The Supreme Court reversed the trial court's decision on the visitation and remanded with instructions to enter appropriate findings and conclusions consistent with the opinion and the Grandparent Visitation Act.

The opinion was originally posted with the full names of the grandmother and father, but removed and amended in accordance with the Indiana Administrative Rule 9(G)(4)(d), which became effective Jan. 1, 2009. That rule says orders, opinions and decisions issued by the appellate court shall be publicly accessible but each appellate court should exclude the names of the parties and affected parties from public access, except as essential to the resolution of litigation or appropriate to further the establishment of precedent or the development of the law.

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  • Natural custody RIGHTS
    WHY did the Father NOT get Custody in the first Place? Did he have Counsel? Bauer v McClure 1996--Pub. Law 104-193--ACCESS by Non-Cust. So.Car. --Foster Care kids RETURNED to BIOLAOGICAL PARENT

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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