953 N.E.2d 1187
Ind. Ct. App.2011Background
- Grandmother intervened in divorce to obtain grandparent visitation with two children.
- 1994-2003: trial court granted four hours of visitation twice a month.
- 2009: court terminated Grandmother's visitation rights in a modification order.
- February 2010: Father’s parental rights terminated and children adopted by Mother's husband.
- May 2010: Grandmother petitioned to modify grandparental visitation, claiming changed circumstances.
- Trial court dismissed Grandmother's petition for lack of standing due to no surviving rights post-adoption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Grandmother had standing to seek modification after adoption. | Grandmother contends she had vestigial standing from prior rights. | Mother argues no standing after adoption; rights terminated. | Grandmother had no standing post-adoption; petition properly dismissed. |
Key Cases Cited
- Baker v. Lee, 901 N.E.2d 1107 (Ind.Ct.App. 2009) (protects existing grandparent/grandchild ties post-adoption)
- Bailey v. Menzie, 542 N.E.2d 1015 (Ind.Ct.App. 1989) (grandparent visitation rights extended beyond common law)
- In re Visitation of J.D.G., 756 N.E.2d 509 (Ind.Ct.App. 2001) (standing framework for grandparent visitation)
- In re Visitation of J.P.H., 709 N.E.2d 44 (Ind.Ct.App. 1999) (common-law limits and statutory goals for visitation)
- In re Groleau, 585 N.E.2d 726 (Ind.Ct.App. 1992) (standing where parent's marriage dissolved; pre-adoption rights may continue)
- In re G.R., 863 N.E.2d 323 (Ind.Ct.App. 2007) (post-termination loss of standing when parent ceases to be parent)