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Uncle has no statutory right to post-adoption visitation

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An uncle’s post-adoption visitation rights were overturned on the grounds that he was not within any statutory category of individuals entitled to visitation rights.

The Indiana Court of Appeals reversed a trial court’s order granting post-adoption visitation to the J.H., the biological uncle of the minor child, P.H. in In Re the adoption of: P.A.H., f/k/a P.V., Minor Child, B.D. and L.H.C., v. J.H., 79A02-1302-AD-183.

After the parental rights of P.H.’s biological parents were terminated, the adoptive parents, B.D. and L.H.C. as well as J.H. filed separate petitions to adopt. The trial court granted adoption of P.H. to B.D. and L.H.C. and visitation rights to J.H.

The adoptive parents appealed.

Pointing to the Indiana Supreme Court’s previously expressed opinion that the custodial and parental relationship right to visitation should extend only to stepparents, the Court of Appeals found J.H. had no statutory standing to be allowed to see his niece.

The appeals court concluded since the trial court lacked authority to grant post-adoption visitation rights to J.H., the portion of its order granting such visitation is void ad initio.
 

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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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