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Judges deny stepfather’s request to adopt children

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A mother’s deliberate decision to thwart the attempts of her ex-husband to communicate with their two small children supports the trial court’s decision to deny her current husband’s attempt to adopt the children, the Indiana Court of Appeals concluded Tuesday.

The Court of Appeals dealt with D.D. v. D.P., 49A02-1311-DR-1004, for the third time, with the issue before them whether the trial court erred in denying stepfather D.D.’s petition to adopt his wife’s children she had with D.P.

K.D. and D.P. divorced in 2004 when their two children were under the age of 2. Father moved to the Washington, D.C., area for work, but wanted to continue parenting time. Mother, however, only responded to five of the more than 60 emails he sent and asked him to either terminate his parental rights or allow her husband, D.D., whom she married in 2007, to adopt the children.  

The adoption was granted in 2010 but vacated because D.P. wasn’t served notice of the proceedings.

D.D. argued that D.P. hasn’t communicated with his children in nearly five years, so that justifies granting the adoption. He also claimed that D.P. could have directly contacted the children, but did not. But the trial court found that K.D. purposefully kept D.P. out of the children’s lives, despite his requests to exercise parenting time.

“In light of these facts, Father sought to establish contact in a manner that would gain Mother’s Approval and minimize any negative impact on the children, who were very young when Mother and Father dissolved their marriage. We would think that under these circumstances, Mother, or any parent, would prefer that Father contact her regarding communications to determine how to proceed in the best interests of the children. Accordingly, under these circumstances, Father demonstrated justifiable cause for not initiating direct communication with the children,” Judge John Baker wrote.


 

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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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