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Supreme Court: Father’s consent not needed in adoption

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A father who had been incarcerated and failed to keep up with support payments wasn’t denied due process when the children’s mother remarried and her new husband adopted the children.

The Indiana Supreme Court affirmed the adoption petition out of Allen Superior Court in In re Adoption of T.L. and T.L.; M.G. v. R.J. and E.J., 02S03-1308-AD-528. Justice Mark Massa wrote that the trial court findings and conclusions of law, and cited statute that provide a natural parent’s consent, is not required if the parent knowingly fails to provide care and support of his children.

“Based on Father’s history of payment (and non-payment), we cannot say the trial court’s finding that Father was able to pay … but chose not to do so was unsupported by the evidence. Therefore, it was not clearly erroneous,” Massa wrote for the unanimous court.

“That finding supports the trial court’s judgment that Father’s consent to the adoption was not required under Indiana law; thus, the judgment is also not clearly erroneous, and we must affirm.”


 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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