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[SUPREME] In re Adoption of B.C.H. 41S04-1408-AD-515
Start Date: 9/25/2014Start Time: 9:45 AM
End Date: 9/25/2014End Time: 10:25 AM
Entry Description

The grandparents filed a motion to set aside an adoption decree on grounds they were defacto custodians of the child, and, therefore, they were "lawful custodians" under the adoption statute such that their written consent to the adoption was required and they were entitled to notice of the petition for adoption.  The Johnson Superior Court denied the grandparents' motion.  The Court of Appeals affirmed, with the majority holding “use of the phrase ‘lawful custody’ under Ind. Code § 31-19-10-1(a)(3) is equivalent to ‘legal custody,’ that is, court-ordered custody.”  In the Matter of the Adoption of B.C.H., 7 N.E.3d 1000, 1005 (Ind. Ct. App. 2014), vacated.  The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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State House
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Entry Category:
  • Oral Arguments
  • Category:
  • Government
  • Agency Name
    Courts, Indiana

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