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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. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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