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Grandmother can't petition for visitation

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A grandmother has lost her right to petition for visitation rights after her son’s parental rights were terminated, so the trial court was correct in dismissing her petition, the Indiana Court of Appeals held Thursday.

Grandmother M.S. was granted visitation with her two grandchildren during the dissolution of her son’s marriage and after the divorce was finalized. But she violated a provision of the visitation order that prohibited the grandchildren from seeing their father while in the grandmother’s care. The children’s mother petitioned to terminate M.S.’s visitation rights due to her failure to abide by the order, which the trial court granted.

M.S. filed a motion to correct error and reconsider, which were denied, and she didn’t appeal the order.

Nearly two years later, M.S.’s son had his parental rights terminated and the children were adopted by the mother’s new husband. Then, M.S. filed a petition to modify grandparental visitation, alleging she had previously been granted visitation rights and there had been a substantial change in circumstances that warranted her visitation rights to begin again. That petition was denied by the trial court and the petition was dismissed.

In In Re: The Marriage of J.D.S. and A.L.S.; M.S. v. A.L.S., No. 63A01-1102-DR-64, M.S. argued she had “vested” visitation rights with the children before the termination of her son’s parental rights and the adoption by the stepfather, so she has standing to seek modification of the recent visitation order. Although she had established visitation rights when she had standing to do so originally, she lost those rights at the time her son’s parental rights were terminated, wrote Chief Judge Margret Robb. There were also no rights to survive the children’s adoption.

The chief judge also noted that the trial court didn’t only order M.S.’s visitation stopped; it terminated her right to visitation.

“In order to regain grandparent visitation rights following this order, Grandmother would have had to petition for those rights and establish standing anew. Because she did not file her petition until after Father’s parental rights were terminated, Grandmother no longer had standing as the parent of the children’s parent, and there were no existing visitation rights upon which to bootstrap continued visitation in the wake of the adoption,” wrote the chief judge.

 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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