Opinion

In Re the Guardianship of A.L.C.

  • 902 N.E.2d 343
  • 2009 Ind. App. LEXIS 398
  • 2009 WL 653039
Court
Indiana Court of Appeals
Filed
Mar 12, 2009
Status
Published
Author
Baker
On the bench
Najam, Kirsch, Baker
Cited by
18 cases
Authority
More cited than 0.3%

noting that a guardianship proceeding is essentially a child custody proceeding, which requires the trial court to consider child custody statutes and case law in addition to the guardianship statutes

How later courts described this case

  • noting that a guardianship proceeding is essentially a child custody proceeding, which requires the trial court to consider child custody statutes and case law in addition to the guardianship statutes
  • remanding for “more specific findings and conclusions,” but “without a hearing.”
  • affirming the trial court’s guardianship appointment and 16 refusing to reweigh the evidence between the two competing parties seeking to be guardian over a minor
  • trial court determined that father should have parenting time with child who was placed with a guardian because it was in child's best interests

Written by the judges who cited it.

The opinion

BAKER, Chief Judge,

concurring in part and dissenting in part.

I concur with the majority's resolution of the temporary and permanent guardianship issues presented in this case. However, I part ways with the determination that the trial court abused its discretion in awarding the Conovers visitation with A.L.C. that was purportedly in excess of the schedule set forth in the Grandparent Visitation Act. 7

I acknowledge that a trial court may not order visitation to a grandparent "nearly coextensive with the visitation set out in the Indiana Parenting Time Guidelines." Op. at 358 (citing Hoeing v. Williams, 880 N.E.2d 1217, 1221 (Ind.Ct.App.2008)). However, as the trial made clear in its guardianship order, Father's parenting time with A.L.C. was to be supervised by his parents, the Conovers. As a result, even though the Conovers' visitation with A.L.C. would be concurrent with Father's parenting time, I cannot agree that the circumstances dictate that the Conovers were erroneously granted visitation time in excess of that which is provided for under the Grandparent Visitation Act. Put another way, it is apparent that the Conovers only received the amount of visitation to which Father was entitled. To conclude that the Conovers were granted an excessive amount of visitation time simply elevates form over substance. Moreover, I cannot agree that the visitation schedule ordered in this case could exclude the Joneses-A.L.C.'s third set of grandparents-from "having a meaningful amount of time with [A.LC.]" Op. at 359. I would affirm the trial court's judgment in all respects.

. Ind.Code §§ 31-17-5-1 through -10.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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