E.W. v. J.W.
20 N.E.3d 889
| Ind. Ct. App. | 2014Background
- Mother and Father share one child, R.W.; Father obtained primary custody in 2010 with limited visitation for Mother.
- Grandmother petitioned to adopt R.W.; Mother contested the adoption.
- Trial court denied Grandmother’s adoption petition, denied Father’s request to terminate Mother’s parenting time, and denied Father’s petition for a permanent protection order; issue on protection order remanded for Trial Rule 52(A) findings.
- Mother had a history of drug abuse and abusive relationships, but showed stability in the six months before the September 2013 hearing.
- Mother’s communications with R.W. increased after May 2011, and Father interfered with communications beginning September 2012, influencing the court’s assessment on a significant communication criterion.
- DCS involvement occurred in CHINS proceedings concerning a half-sibling, with Mother cooperating and becoming drug-free prior to the 2013 hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adoption without consent—unfitness and significant communication | Grandmother contends Mother is unfit or failed to significantly communicate. | Mother asserts fitness improved and communication was significant. | Affirmed: Mother’s fitness and significant communication supported adoption denial. |
| Termination of Mother’s parenting time | Father seeks restriction of Mother’s visitation due to past drug issues. | Mother argues ongoing improvement and safety in parenting. | Affirmed: Trial court did not abuse discretion in denying termination of parenting time. |
| Permanent protection order against Mother | Father seeks continued protection order due to past issues. | Mother contests ongoing harassment; request is unsubstantiated. | Remanded for proper TR 52(A) findings due to insufficient trial-court analysis. |
Key Cases Cited
- In re Adoption of M.L., 973 N.E.2d 1216 (Ind.App. 2012) (unfitness and best interests in adoption context; changed conditions considered)
- In re Adoption of A.S., 912 N.E.2d 840 (Ind.App. 2009) (two-tier review when 52(A) findings issued)
- In re Adoption of J.T.A., 988 N.E.2d 1250 (Ind.App. 2013) (clear and convincing standard for without-consent adoptions)
- In re Adoption of J.P., 713 N.E.2d 873 (Ind.App. 1999) (significant communication assessment for lack of contact)
- In re Adoption of M.B., 944 N.E.2d 73 (Ind.App. 2011) (nonmonetary contributions as support for adoption considerations)
- In re Adoption of A.K.S., 713 N.E.2d 896 (Ind.App. 1999) (considerations of past conduct in adoption decisions)
- Duncan v. Duncan, 843 N.E.2d 966 (Ind.App. 2006) (deference to trial court on parenting-time modification)
- Tons v. Bley, 815 N.E.2d 508 (Ind.App. 2004) (remoteness of incidents in evaluating protection orders)