ILNews

Mother’s consent to adoption not required

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The Indiana Court of Appeals reversed the decision by the Wabash Circuit Court to deny a father and his wife’s petition to allow his wife to adopt his minor child, finding the biological mother’s consent is not required.

K.S.’s father D.S. and stepmother A.S. filed a verified petition for adoption and affidavit and request to terminate mother C.Z.’s parental rights to K.S. The couple requested the trial court waive C.Z.’s consent to the adoption pursuant to I.C. 31-19-9-8. C.Z. had sporadic visitation with K.S. and was in arrears of more than $10,000 in child support to D.S. C.Z. was employed for most of 2010, but was unable to work from November 2010 until September 2011 due to complications from a pregnancy. She then quit her job a month after returning to it in September 2011 to stay at home with her two younger children.

Wabash Circuit Judge Robert R. McCallen III ruled D.S. and A.S. failed to prove that C.Z.’s consent isn’t required.

The judges found in Adoption of K.S., A Minor Child: A.S. and D.S. v. C.Z., 85A04-1205-AD-243, that C.Z. willfully failed to pay support for more than one year and ordered the trial court determine whether the adoption is in K.S.’s best interest. The trial court only focused on the statutory requirements to waive C.Z.’s consent to the adoption of K.S. by her stepmother, and the parties did not present any evidence with regard to the impact of the adoption on K.S.’s life.  
 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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