In re: The Grandparent Visitation of C.S.N.: Brooke Neuhoff v. Scott A. Ubelhor and Angela S. Ubelhor
14 N.E.3d 753
| Ind. Ct. App. | 2014Background
- Mother Brooke Neuhoff, minor child C.N., and deceased father Justin Ubelhor; paternity established; child born in 2010; maternal grandparents guardians; Mother and child reside with maternal grandparents.
- Grandparents filed a Petition for Grandparent Visitation on Feb 22, 2013 seeking overnight and extended visitation; Mother reduced visits after a dispute and halted visits on March 17, 2013.
- Emergency Petition for Grandparent Visitation was denied; evidentiary hearing held Aug 15, 2013; trial court awarded Grandparents six-week transition then unsupervised visits Sundays 10:00 AM–6:00 PM.
- Mother appealed after a memorandum decision; this Court remanded for proper findings of fact and conclusions of law; Revised Order issued Apr 25, 2014.
- This appeal holds that the trial court failed to address the McCune four-factor test (presumption in favor of fit parent, special weight to parental decision, whether visitation is in child’s best interests, and whether parent denied or limited visitation); appellate court reverses and restores parental discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred in granting grandparent visitation. | Neuhoff argues Mother’s decision to discontinue visitation was valid and should not be overridden. | Grandparents contend the court properly weighed evidence to overcome the presumption in favor of the fit parent. | Yes; court erred in granting visitation and did not properly apply McCune factors. |
| Whether the court properly analyzed McCune factors in light of fit-parent presumption. | Neuhoff asserts the trial court erred by not adequately weighing the parent's decisions and evidence. | Grandparents assert the court erred in underweighting the parental prerogative and not considering totality of circumstances. | Yes; trial court failed to address all McCune factors and misapplied the presumption. |
Key Cases Cited
- In re Visitation of M.L.B., 983 N.E.2d 583 (Ind.2013) (four-factor McCune framework and parental-right considerations)
- McCune v. Frey, 783 N.E.2d 752 (Ind.Ct.App.2003) (established McCune four factors guiding grandparent visitation)
- In re Visitation of C.L.H., 908 N.E.2d 320 (Ind.Ct.App.2009) (parental presumption and balance of interests in visitation decisions)
- Hicks v. Larson, 884 N.E.2d 869 (Ind.Ct.App.2008) (presumption in favor of parental decisions is rebuttable)
- Crafton v. Gibson, 752 N.E.2d 78 (Ind.Ct.App.2001) (distinction between reducing vs. denying visitation; court should not automatically intervene)
- Ramsey v. Ramsey, 863 N.E.2d 1232 (Ind.Ct.App.2007) (burden-shifting concerns in evaluating parental and grandparent visitation)
- Troxel v. Granville, 530 U.S. 57 (2000) (parents’ fundamental rights and state interest in child-rearing decisions)