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Justices take grandparent visitation, divorce cases

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Cases involving grandparents’ visitation rights and modification of parental custody orders have been added to arguments that will be heard by the Indiana Supreme Court.

Justices unanimously granted transfer to a Madison Superior case, In Re the Guardianship of A.J.A., and L.M.A., J.C. v. J.B. and S.B., 48S02-1305-GU-398. In that case, a grandmother who sought visitation with grandchildren who are under the care of guardians persuaded the Court of Appeals to reverse a trial court order vacating visitation rights even though the grandmother lacked standing to pursue the original visitation order.

The court also unanimously granted transfer in Jason Wilson v. Kelly (Wilson) Myers, 71S03-1305-DR-399, a not-for-publication Court of Appeals decision from Shelby Superior Court. An appellate panel in that case affirmed a trial court order modifying primary physical custody because of the lack of formality during various proceedings.   

The court’s transfer list for the week ending May 31 may be viewed here.

The list also includes a Randolph Circuit case the justices decided on Friday, Brian Scott Hartman v. State of Indiana, 68S01-1305-CR-395. The court ruled in Hartman that statements made during interrogation of a criminal defendant who previously requested an attorney were not admissible.

Meanwhile, two cases failed to win transfer by the narrowest of margins.

Justices Steven David and Loretta Rush were in the minority voting to grant transfer in a scope-of-public-records case, Seth Anderson v. Huntington County Board of Commissioners, 35A04-1207-MI-357.  David and Rush also who would have taken the NFP case In Re the Matter of A.R., et al., Alleged Children In Need of Services: T.M. v. The Indiana Department of Child Services, 52A02-1205-JC-388.

 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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