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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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

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  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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