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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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