In Re: Visitation M.L.B.: K.J.R. v. M.A.B.
983 N.E.2d 583
| Ind. | 2013Background
- M.L.B. was born in 2004 to Mother K.J.R. and Father M.D.B.; parents never married and relationship ended shortly after birth.
- Father had essentially no contact with M.L.B. since 2007, while paternal extended-family maintained frequent contact.
- Mother allowed Grandfather M.A.B. and his wife substantial access through the child's life; contact declined after 2010 during a step-parent adoption proceeding.
- Stepparent adoption of M.L.B. led Mother to curtail grandparent visits; Grandfather intervened to seek visitation.
- Trial court granted Grandfather visitation on weekends, a summer trip, and holiday-length visits, with no restrictions on Father’s contact despite termination of Father’s parental rights in a separate adoption case.
- Mother appealed, arguing the order violated her fundamental parental rights; the Court of Appeals affirmed, and the Indiana Supreme Court granted transfer to address constitutional requirements under the Grandparent Visitation Act and Troxel principles.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the visitation order complies with McCune/K.I. four-factor framework | Mother contends factors 1–2 require explicit findings. | Grandfather argues the order serves best interests despite existing visitation. | Remanded for new findings addressing all four factors. |
| Whether there were adequate Troxel-based findings | Mother asserts no explicit recognition of presumption or special weight for parental decisions. | Grandfather asserts substantial visitation shows best interests. | Order deficient; remanded for proper Troxel findings. |
| Appropriate remedy given defective findings | Mother argues remand for new findings on old record. | Grandfather argues for affirmation if best-interests supported. | Remand for new findings/conclusions without new evidence. |
Key Cases Cited
- Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (recognizes parental rights and limits of state interference in grandparent visitation)
- McCune v. Frey, 783 N.E.2d 752 (Ind. Ct. App. 2003) (establishes four factors to evaluate grandparent visitation under Troxel)
- In re K.I., 903 N.E.2d 453 (Ind. 2009) (requires addressing four McCune/K.I. factors in findings)
- In re Visitation of J.O., 441 N.E.2d 991 (Ind. Ct. App. 1982) (historical context for grandparent visitation statute)
- In re Guardianship of A.L.C., 902 N.E.2d 343 (Ind. Ct. App. 2009) (remand for more specific findings consistent with statute)