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Justices vacate adoption decree

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The Indiana Supreme Court ordered the adoption decree granted to paternal grandparents be vacated because they didn’t perform a diligent search for the biological mother.

Mother A.B. appealed the grant of adoption of her son L.D. to the boy’s paternal grandparents. When L.D. was born, mother was incarcerated and mother’s co-worker N.E. was appointed his guardian. N.E. adopted A.B. after L.D. was born and became his maternal grandmother. Eventually the paternal grandparents filed an adoption petition and asked the court to terminate N.E.’s rights to parenting time.

Neither N.E. nor A.B. was aware the paternal grandparents had filed the adoption petition. After the adoption was granted, they appealed. At issue in the instant case is whether mother A.B. had been given the notice the law required. The trial court denied her Indiana Trial Rule 60(B) request, holding that publication in an Indianapolis newspaper had been adequate with respect to A.B. The notice was placed in a newspaper geared toward the African-American community. None of the parties in the case is African-American.

In Adoption of L.D.; A.B. and N.E. v. Jo.D. and Ja.D., No. 49S02-1006-CV-330, the justices reversed, finding A.B. did not receive adequate notice as required by law. They cited several cases that explained that service by publication is inadequate when a diligent effort hasn’t been made to find a party.

The paternal grandparents and their attorney didn’t perform a diligent search required by the Due Process Clause, wrote Justice Frank Sullivan.

“Here, although Paternal Grandparents had successfully given notice to Mother at N.E.’s address on previous occasions, they made no attempt to do so here,” he wrote. “Viewing the evidence most favorably to them, they made only the most obtuse and ambiguous attempt to ask N.E. about Mother’s whereabouts. They affirmatively concealed from N.E. the very fact that they were filing an adoption petition even though the most minimal diligence to find Mother would have involved N.E. One need look no further than the fact that N.E. and Mother filed their motion in court less than two weeks after Paternal Grandparents told N.E. that the adoption had been granted to see how little effort would have been required for Paternal Grandparents to find Mother had they involved N.E.”

The justices remanded with directions to grant A.B.’s Trial Rule 60(B) motion.
 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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