Judges reverse adoption completed while mother was out of state

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The Indiana Court of Appeals has reversed the grant of an adoption petition by a child’s paternal grandparents, finding the matter was surrounded by irregular and fraudulent circumstances.

In In Re the Adoption of M.P.S., Jr.; A.S. v. M.P.S., Sr., M.S., and An.S., No. 88A01-1108-AD-387, mother A.S. appealed the grant of adoption of her son by M.S. and An. S., the mother and stepfather of M.P.S. Sr., who is the father of M.P.S. Jr. The boy was born out of wedlock to the young parents, who married and then lived in Virginia before moving to Indiana to live with the father’s mother and stepfather. At some point the parents moved back to Virginia with their son to live with M.P.S. Sr.’s father and stepmother, but eventually moved back to Indiana and lived with the grandparents.

M.S. and An. S. sought to adopt M.P.S. Jr. The parents met with the grandparents’ attorney, but did not have their own attorney. The parents signed consent for the adoption, which was notarized by the attorney, but her notary commission had recently expired. She also advised the parents the consents were revocable up until the adoption hearing.

The parents were to go to Virginia to take a sibling of M.P.S. Sr. so the sibling could live with his parent in Virginia. M.P.S. Sr. quickly moved up the trip so that he and his wife would be out of town during the adoption hearing. They had not received notice of the hearing. While in Virginia, M.P.S. Sr. left A.S. behind in the middle of the night. While she was gone, she learned her son had been adopted. M.P.S. Sr. continued to live with his mother and stepfather.

The COA reversed, finding numerous procedural errors, involuntariness and fraud upon the court. It appeared the trip was planned to keep the mother from withdrawing her consent. Also, at the hearing, the grandparents testified that the child had lived with them his whole life, which was incorrect.

In addition, A.S. signed her consent for adoption under the premise that her living conditions would not change and she would continue to live with her son.

The judges remanded with instructions to vacate the adoption decree and to comply with Indiana Code 31-14-13-1, which vests sole legal custody of a child born out of wedlock to the biological mother.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.