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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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