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Dixon & Moseley | Attorneys At Law
  • Home
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    • Julie C. Dixon
    • Alexander Moseley
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  5. Breaking News, What You Need to Know: Indiana Court of Appeals Rules Grandparents of Adopted Children Are Not Entitled to Seek Visitation

Breaking News, What You Need to Know: Indiana Court of Appeals Rules Grandparents of Adopted Children Are Not Entitled to Seek Visitation

On Behalf of Dixon & Moseley, P.C. | Apr 4, 2019 | Appellate Practice, Grandparents Rights, Indiana Court of Appeals, Paternity

Many out there would agree that Grandparents impact our lives in a big way. Whether it be in a role of second parent, friend, mentor, babysitter, financial supporter, et cetera. Simply put, Grandparents serve an important role in many children’s lives. This is the reason that most jurisdictions across the Country have given Grandparent’s some sort of right to visitation with a child, including Indiana. But, this right to visitation is not absolute, and instead, is limited in its application. You have to understand your rights and work with counsel if you want the legal right to contact with your grandchildren. In this blog, it address a key Indiana Court of Appeals case just recently decided that limited the rights of Grandparents to seek visitation of In the Matter of the Paternity of E.H.1

In the Matter of the Paternity of E.H., the Court of Appeals overturned the trial court’s determination that Grandparents of an adopted child have standing to seek visitation. The relevant facts are as follows: Paul Bobby was the maternal uncle of two children, namely E.H. and I.H. Paul Bobby adopted the two children after the parents’ rights were terminated. Paul Bobby was unmarried at the time that he adopted the two children. In March of 2018, Paul Bobby’s parents, Paul Hernandez and Alvina Casillas (also the children’s maternal grandparents), brought an action seeking visitation with the minor children. The Uncle moved to dismiss the action, arguing that the Grandparents lacked standing to seek visitation because the children were adopted by him, severing their maternal grandparent status. But, the trial court found that the Grandparents did have standing because the uncle was unmarried when he adopted the children, and therefore the children were technically “born” out of wedlock. Furthermore, the grandparents were now the paternal grandparents (because they were the parents of the Uncle, who is now the Father). As such, they had standing.

The Uncle appealed, arguing the trial court erred in determining the Grandparents had standing. On appeal, the Grandparents argued that paternity had been established by the adoption proceeding, and because the Uncle was not married at the time of adoption, the children were “born out of wedlock.” The Court of Appeals flatly rejected the Grandparent’s argument, claiming that it would lead to “absurd” results. Furthermore, the Court of Appeals notes that this type of situation could not have been what the Legislature intended when drafting the Grandparent visitation statutes. Lastly, the Court states that, because the Grandparents of the children are also the parents of the Uncle, the Grandparents were “improperly seeking court intervention in a dispute with their own child.” This, the Court states, is something “the legislature simply did not contemplate.” As such, the Court reversed the decision of the trial court, finding that the Grandparents lacked standing to seek visitation.

This case highlights the importance of the ever-changing legal landscape. Knowing the status of developments in the law is the key to protecting your rights, as well as being an engaged citizenry in our participatory system of government This blog post on a key new case was written by attorneys at Dixon & Moseley, P.C. who handle all areas of family law, including grandparent visitation cases, as well as appeals. This blog is written for educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • In the Matter of the Paternity of E.H., 18A-JP-2137 (Ind. Ct. App. 2019).
  • How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

    How Indiana Courts Divide Retirement Accounts in Divorce

    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
    • Failure to Object: When Is an Issue Waived?

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