T.H. v. R.J.
2014 Ind. App. LEXIS 625
| Ind. Ct. App. | 2014Background
- Child B.J., born 2007, lived primarily with maternal grandparents (Grandmother C.H. and Step-grandfather T.H.) early in life; mother (R.J.) later lived with and married K.J. (Stepfather), who sought to adopt B.J.
- After increasing time with parents, a 2011 incident (a pillow fight) led Grandmother to allege injury and withhold B.J. from Parents; Parents regained custody and Grandparents filed to be adjudicated de facto custodians and sought custody.
- Juvenile court adjudicated Grandparents as de facto custodians, ordered mediation, a bonding assessment, and a custody evaluation; Dr. Gonso’s custody evaluation recommended awarding sole legal and physical custody to Parents and advised against formal Grandparent visitation.
- Evidence at final hearing included Stepfather’s prior PTSD diagnosis and recovery efforts (psychological testing found no current PTSD), disputed medical claims about the pillow-fight injury, and extensive factual findings by the juvenile court (over 100 findings).
- The juvenile court concluded Grandparents failed to rebut the presumption favoring placement with the natural parent, awarded sole legal and physical custody to Parents, and terminated court-ordered visitation for Grandparents.
Issues
| Issue | Grandparents’ Argument | Parents’ Argument | Held |
|---|---|---|---|
| Whether custody should be awarded to Parents or Grandparents | Grandparents: evidence (bonding, acquiescence, alleged abandonment by Mother) shows placement with them is in child’s best interest | Parents: Grandparents failed to rebut presumption favoring natural parents; Parents provide stability and child preferrs them | Court: Affirmed; Grandparents did not meet clear-and-convincing burden to overcome presumption in favor of Parents |
| Whether juvenile court erred in ending court-ordered visitation | Grandparents: de facto custodian status should permit continued visitation; statute should be expanded | Parents: de facto custodian statute concerns custody standing only; visitation determined by other law and best interest | Court: Affirmed termination; declined to expand de facto custodian statute (followed Supreme Court precedent) |
| Challenge to factual findings (Stepfather’s mental health) | Grandparents: findings downplay ongoing PTSD risk and firearm safety concerns | Parents: experts concluded Stepfather stable and resilient; evidence supports court findings | Court: Findings supported by record (deferential review), no reweighing warranted |
| Challenge to factual findings (child’s medical care) | Grandparents: Parents neglected B.J.’s recurring infection and medical needs | Parents: medical evidence (ER exam) undermines Grandparents’ asserted injury; Grandparents’ evidence was selective | Court: Juvenile court’s findings about Grandparents’ overreaction and lack of injury supported by evidence |
Key Cases Cited
- In re Guardianship of B.H., 770 N.E.2d 283 (Ind. 2002) (articulates presumption favoring placement with natural parent and requires clear-and-convincing evidence to rebut)
- In re Paternity of K.I., 903 N.E.2d 453 (Ind. 2009) (de facto custodian statute addresses custody standing and is silent on visitation)
- Hendrickson v. Binkley, 316 N.E.2d 376 (Ind. Ct. App. 1974) (framework—unfitness, acquiescence, or voluntary relinquishment—used for guidance in parent-vs.-third-party custody disputes)