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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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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