ILNews

Father’s consent not necessary for adoption to proceed

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Adoptive parents did not have to get the biological father’s consent to adopt his minor child, the Indiana Court of Appeals has ruled.

The adoptive parents filed a petition to adopt the child, L.H., and claimed the father’s consent was not necessary on three grounds: He had failed to communicate significantly with L.H. for one year, had failed to support L.H. for one year and was an unfit parent.

Evidence presented to the trial court showed that father J.H. has a long history of depression and substance abuse. He has been reluctant to follow treatment advice for his mental health issues or drug and alcohol abuse. In addition, he has attempted suicide and has cut himself. Also, he has been arrested, lost his license and has had difficulty maintaining employment and stable housing.

In 2008, the adoptive parents became concerned about their grandson M.L. and his half-brother L.H. They obtained guardianship over the children which the father did consent to because of his inability to care for his son at that time. M.L. is not the biological child of J.H.

Since then, L.H. and M.L. have remained the grandparent’s care.

In granting the grandparents’ petition, the trial court found that the couple had established the grounds for dispensing with the father’s consent and that the adoption was in L.H.’s best interest.

The father appealed, arguing the evidence is insufficient to prove that his consent was not required and that adoption was in L.H.’s best interests.

The Indiana Court of Appeals affirmed in the case, In Re Adoption of M.L., 29A02-1201-AD-54. The COA ruled that since it found sufficient evidence to support the conclusion that the father is not a fit parent, it did not need to address the court’s alternate ground for dispensing with the father’s consent.

The Court of Appeals affirmed that the evidence supported the conclusion that adoption is in L.H.’s best interest.

 

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  • Waste of time
    Why did the court people even waste their time considering the father's case. Everyone knows that fathers are irrelevant concerning the rearing of children. Our matriarchal society bears this out.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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