Tuesday, February 24, 2009

Indiana Decisions - Grandparent visitation and adoption

News from The Indiana Lawyer for the 20th, Court: grandparent visitation survives adoption:
"State statute clearly allows grandparent visitation to survive a child's adoption by another biological grandparent, the Indiana Court of Appeals has ruled."

In a unanimous decision today in Elizabeth and Terry Baker v. Donnie Lee, No. 36A01-0807-CV-340, the appellate panel affirmed a lower ruling from Jackson Circuit Judge William Vance.

The case involves three children who were born out of wedlock between 1995 and 2002, and whose parents were incarcerated multiple times because of substance abuse. Lee is the maternal grandfather and Elizabeth Baker is the paternal grandmother, who with her husband received guardianship of the children and allowed Lee to visit on an informal basis.

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