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Justices: Order giving grandmother visitation rights is void

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Because a grandmother did not have standing under the terms of Indiana’s Grandparent Visitation Statute to pursue visitation, the Indiana Supreme Court affirmed the trial court’s finding that an original order granting visitation is void. The woman wanted to see her two grandchildren whose mother was murdered by the grandmother’s son.

Paternal grandmother J.C. filed a petition to intervene in the guardianship of A.J.A. and L.M.A., who were in the custody of their uncle and his partner after their father murdered their mother. J.C. sought grandparent visitation rights and was granted supervised visitation in 2009. The guardians later sought to end her visitation rights after learning J.C. allowed contact between grandchildren and her son, who was in prison for the murder.

In 2012, the trial court declared the 2009 order void after finding J.C. lacked standing under the Grandparent Visitation Statute.

The law allows grandparents to petition for visitation if the child’s parent is deceased, the marriage of the child’s parents has been dissolved in Indiana, or the child was born out of wedlock. J.C. claimed that her son should be considered deceased because of his 60-year prison sentence or that the marriage between her son and his wife is dissolved because of the murder.

“In the present case, both of Grandmother’s theories would produce an absurd result. Her first theory, that her son is for all intents and purposes deceased, unfortunately attempts to circumvent the strict interpretation the statute is due and therefore her argument fails. Her son is not dead,” Justice Steven David wrote. “Grandmother’s other theory for grandparent visitation is that by virtue of the murder, the marriage was dissolved. This produces an even more nonsensical result. We cannot construe any scenario where the General Assembly intended the Grandparent Visitation Act to potentially require grandparent visitation by the mother of an individual who shot and killed the grandchildren’s other parent.”

The justices held that the original order granting J.C. visitation was void and thus without legal effect. They affirmed the 2012 order finding the same result.

“This is a case where Grandmother had no legal right to pursue grandparent visitation under the statute. Remand cannot cure the defect. The only cure is to hold the original order was void ab initio,” David wrote in In Re the Guardianship of A.J.A. and L.M.A., Minor Children; J.C. v. J.B. and S.B., 48S02-1305-GU-398.

 

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  • Thank you
    I could not be happier that the Supreme Court affirmed the Trial Court. It has been a four year battle fighting for what was right for us and I am relieved to know that it is almost over.

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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