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Merry Xmas, Grandma

The Indiana Court of Appeals issued a decision today on Indiana’s Grandparent Visitation Statute (IC 31-17-5-1, etc). It is an interesting decision that pits the whole “grandparent’s rights” issue against a parent’s constitutional right to determine things for their kids.

The decision is Christi J. Hoeing vs. Jean I. Williams, and it involves a paternity case where the dad takes off. Dad’s mom picks up where dad left off and starts having routine access under the Indiana Parenting Time Guidelines, including time over Christmas and the child’s birthday.

Trouble hits when mom reverts to her original religion and rejoins the Jehovah’s Witnesses. As such, she does not want her daughter exposed to the celebration of Christmas or her birthday. The trial court says that, yes mom’s got custody, and therefore the right to determine the child’s religious upbringing, but this should not permit the custodial parent from cutting down on the access under the Parenting Time Guidelines.

Court of Appeals says, nope: mom’s right to determine the child’s religious upbringing trump’s grandma’s Christmas time access.

3 Responses to “Merry Xmas, Grandma”

  1. Mark Stosberg
    February 24th, 2008 11:42
    1

    Sometimes I wonder what we’d do without all these laws to figure these things out for us.

  2. Ann Macias
    February 27th, 2008 17:28
    2

    What can a grandparent do in order to maintain contact with grandchild. I’m not asking for custody just the same visitation that was in place until son filed (after 4 years of being separated) mother is now in a lesbian relationship and has had another child with her “partner”
    they live with her mother.
    both parents have been very erratic in taking care of the child
    I was not allowed to see her over the holidays or for her birthday she has told her attorney I never tried to contact them which is untrue I am truly concerned about the environment the child is growing up in and am at my wit’s end.
    WHAT DO I DO IN ORDER TO BE ABLE TO SEE MY GRANDDAUGHTER ??

  3. www.Watchtower.org
    February 29th, 2008 08:40
    3

    If you would like more REAL and accurate info about Jehovah’s Witnesses on the web be sure to check out the official web site at http://www.Watchtower.org

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