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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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