In Re The Matter of I.E.: J.E. v. W.L., R.L., and N.V.
2013 Ind. App. LEXIS 618
| Ind. Ct. App. | 2013Background
- I.E. (born Sept. 2009) is the child of J.E. (Father) and N.V. (Mother; biological mother).
- Guardians W.L. and R.L. (former guardians) initially took custody with Mother's consent.
- Guardians filed to adopt and to intervene in paternity and guardianship actions in 2009.
- A guardianship was established; Father was later found to be I.E.’s father and granted visitation in 2010.
- In 2011-2012, the trial court held hearings to modify custody; in Dec. 2012 the court terminated guardianship and awarded custody to Father, while granting visitation rights to the Guardians in the paternity case.
- The court ordered that future proceedings occur under the paternity case and clarified visitation, with no formal Mother parenting-time order issued at that time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Custody modification standard applied | Guardians: trial court used wrong standard for modification | Father: proper standard requires best interests and substantial change, with minimal burden on father | Correct standard applied; custody modified in Father’s favor under proper framework |
| Visitation rights for Guardians | Guardians seek standing and visitation against natural parent | Guardians lack standing; third-party visitation not authorized | Trial court erred; visitation for Guardians vacated as void under Kitchen v. Kitchen |
| Mother's visitation/custody rights | Mother sought custody/visitation if guardianship terminated | Mother did not timely file a motion for parenting time | No abuse of discretion; no order granting Mother's visitation because no motion was before the court |
Key Cases Cited
- K.I. ex rel. J.I. v. J.H., 903 N.E.2d 453 (Ind. 2009) (burden on third party in modification; strong presumption in favor of natural parent)
- In re Guardianship of B.H., 770 N.E.2d 283 (Ind. 2002) (expanded factors beyond Hendrickson; clear-and-convincing standard governing third-party placement)
- Hendrickson v. Binkley, 161 Ind. App. 388, 316 N.E.2d 376 (Ind. Ct. App. 1974) (three-step test for third-party custody, with broader consideration under B.H.)
- Kitchen v. Kitchen, 953 N.E.2d 646 (Ind. Ct. App. 2011) (only parents, grandparents, and step-parents have standing; third-party visitation void)
- Worrell v. Elkhart Cnty. Office of Family & Children, 704 N.E.2d 1027 (Ind. 1998) (standing and standards for third-party visitation; excludes foster parents)
- In re the Paternity of Z.T.H., 839 N.E.2d 246 (Ind. Ct. App. 2005) (burden shifting discussion in custody determinations)