In the Matter of the Adoption of B.C.H. - 9/25/14

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Thursday  September 25, 2014 
10:30 AM  EST

10:30 a.m.  41S04-1408-AD-515. Grandparents filed a motion to set aside an adoption decree, contending that they were de facto custodians of the child, and, therefore, were the child’s "lawful custodians" under the adoption statute such that their written consent to the adoption was required and they were entitled to notice of the petition for adoption.  The Johnson Superior Court denied the grandparents' motion.  The Court of Appeals affirmed, with the majority holding “use of the phrase ‘lawful custody’ under Ind. Code § 31-19-10-1(a)(3) is equivalent to ‘legal custody,’ that is, court-ordered custody.”  In the Matter of the Adoption of B.C.H., 7 N.E.3d 1000, 1005 (Ind. Ct. App. 2014), vacated.  The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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