In Re Adoption of LCE
940 N.E.2d 1224
| Ind. Ct. App. | 2011Background
- Stepfather and Mother married in 1999; L.C.E. born in 1999; Stepfather claims paternity of Lo.H. but not of L.C.E.
- Johnson County dissolution decree (2007) resolved custody for Lo.H., Le.H., Li.H. but did not mention L.C.E.
- 2009–2010 custody proceedings awarded Stepfather temporary custody and, by a 2010 Agreed Entry, immediate custody for Le.H. and Li.H. and later transfer of Lo.H. and L.C.E. to Stepfather with Mother retaining joint legal custody; order adopted by the trial court.
- May 5, 2010 Grandfather petitioned to adopt L.C.E. with Mother consenting to Grandfather’s adoption but keeping her rights; notice to Stepfather was sent.
- June 1, 2010 adoption granted; Stepfather objected on June 4 and moved to set aside on June 9; Mother moved to strike Stepfather’s filings; adoption granted.
- Court reversed Grandfather’s adoption order, held Stepfather’s consent was required due to his custodial status and that objection period issues and jurisdiction between courts invalidated the adoption
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Stepfather’s custodial status required his consent to the adoption | Stepfather is a legal custodian per the Johnson County order | Stepfather’s custodial status does not render him a consent-requiring custodian | Consent required; reversal of adoption grant |
| Whether the trial court erred by granting adoption before the 30-day objection period expired | Stepfather timely objected within 30 days | Objection not properly governed by statute due to timing | Error; need to consider objection |
| Whether the Lawrence County proceeding lacked jurisdiction due to the prior custody order in Johnson County | Johnson County order governs custody and thus Adoption should be dismissed/relabeled | Proceedings were properly within Lawrence County for adoption petition | Lawrence court lacked jurisdiction; Grandfather’s petition must be dismissed |
Key Cases Cited
- In re Paternity of Baby Doe, 734 N.E.2d 281 (Ind. Ct. App. 2000) (abuse of discretion standard for relief from judgment; substantial deference to trial court)
- Showalter v. Showalter, 531 N.E.2d 538 (Ind. Ct. App. 1988) (comity and invited error; cannot rely on trial court errors invited by party)
- Stolberg v. Stolberg, 538 N.E.2d 1 (Ind. Ct. App. 1989) (invited error; settlement agreement effect)
- Smith v. Smith, 594 N.E.2d 825 (Ind. Ct. App. 1992) (continuing jurisdiction over custody in divorce context)
- Abels v. Monroe Co. Educ. Ass’n, 489 N.E.2d 533 (Ind. Ct. App. 1986) (presumption of correct application of law; continuing jurisdiction)
- Traders' Loan & Inv. Co. v. Houchins, 144 N.E.879 (Ind. 1924) (comity between courts; jurisdictional limits)