In re Adoption of B.C.H.

For most of the first year of her life, B.C.H. remained in the primary care, custody and control of her maternal grandparents (Grandparents), and Mother would visit her once a week. Mother later married Stepfather, who petitioned to adopt B.C.H. The petition was granted. Grandparents filed a motion to reopen B.C.H.’s adoption and to intervene, arguing that, under Indiana’s adoption statutes, they had “lawful custody” of B.C.H. when Stepfather’s adoption petition was granted, so they were entitled to legal notice of and the opportunity to consent to the adoption. The superior court denied Grandparents’ motion for relief from judgment, determining that Grandparents did not have legal custody of B.C.H. at the time Stepfather filed the adoption petition. The court of appeals affirmed. The Supreme Court vacated the decision of the superior court, holding that Grandparents had lawful custody of B.C.H., and therefore, Grandparents were entitled to formal legal notice of the pending adoption and an opportunity to give or withhold their consent to Stepfather’s adoption of B.C.H. Remanded. View "In re Adoption of B.C.H." on Justia Law