L. G. v. S. L., et al. - 3/27/17

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Monday  March 27, 2017 
1:30 PM  EST

1:30 p.m. 29A04-1607-AD-01756. In October 2015, L.G. (“Father”) filed a petition to establish paternity of Infant Male R. (“Child”) with a trial court in Marion County.  A few weeks later, Child was born in Fishers, and S.L. and W.L. (“Adoptive Parents”) filed a petition to adopt Child with a trial court in Hamilton County.  Thereafter, Father filed a motion to contest adoption.   The Hamilton Superior Court consolidated the paternity and adoption cases.  Following several months of discovery, on June 23, 2016, the trial court granted Adoptive Parents’ motion to dismiss Father’s motion to contest adoption, and the court concluded that Father’s consent to the adoption was implied by statute.  Father appeals and presents the following issues for our review:  whether the trial court erred when it concluded that his consent to the adoption was implied pursuant to Indiana Code Section 31-19-10-1.2 for failure to prosecute his motion to contest adoption without undue delay; and whether the trial court abused its discretion when it dismissed Father’s motion to contest adoption as a sanction for alleged discovery violations.

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