Visitation of Menzie, In re, No. 3-284A44
| Docket Nº | No. 3-284A44 |
| Citation | 469 N.E.2d 1225 |
| Case Date | October 31, 1984 |
| Court | Court of Appeals of Indiana |
Page 1225
Kenneth MENZIE and Linda Menzie, Appellants (Respondents Below),
v.
Lola BAILEY, Appellee (Petitioner Below).
Third District.
Page 1226
Jere L. Humphrey, Mark E. Wagner, Kizer, Neu, Joyce, Wuland, Humphrey, Wagner & Gifford, Plymouth, for appellants.
R. Steven Hearn, Rasor, Harris, Lemon & Reed, Warsaw, for appellee.
HOFFMAN, Judge.
The facts relevant to this appeal are as follows. Appellant Kenneth Menzie was married to Barbara Menzie, and a daughter, Amy, was born to them. Barbara Menzie died on February 5, 1975. On October 14, 1978, Kenneth was married to Linda Menzie.
On May 5, 1982, Lola Bailey, the maternal grandmother of Amy, filed a petition seeking visitation under the Indiana Grandparent's Visitation Statute, IND.CODE Sec. 31-1-11.7-2(1). After a hearing on that petition, the trial court, on November 8, 1982, found that it was in the best interests of Amy to visit with her maternal grandmother and visitation was ordered by the court. Shortly thereafter, Linda Menzie petitioned the court for adoption of Amy, and on February 23, 1983, the court granted her petition and entered a decree of adoption.
After the adoption, Kenneth and Linda Menzie filed a petition for modification and/or termination of the visitation order, and Lola Bailey responded by filing a verified information in contempt based upon Kenneth Menzie's failure to follow the order of November 8, 1982. On December 15, 1983, the court entered an order denying the Menzies' petition, ordered visitation to recommence, and found Kenneth Menzie in contempt. The Menzies timely filed their motion to correct errors, which motion was denied, and this appeal followed.
The dispositive issue of this appeal is whether an adoption cuts off previous rights granted under the Grandparent's Visitation Statute.
In 1981, the Indiana Legislature created certain grandparental rights with respect to visitation of grandchildren in the legal custody of only one parent. Acts 1981, P.L. 265, Sec. 1. The portion of the statute which applies here, IND.CODE Sec. 31-1-11.7-2(1) provides: "A child's maternal grandparent may seek visitation rights if: (1) the child's mother is deceased[.]" 1 The facts of the case make clear that due to Barbara Menzie's death in 1975, her mother, Lola Bailey, the appellee herein, was granted rights to seek visitation with Amy under the 1981...
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Adoption of Francisco A., Matter of, No. 13358
...natural child, with the same rights of a natural child, all to the exclusion of the natural parents."); In re Visitation of Menzie, 469 N.E.2d 1225 The majority view Section 40-7-52 as limited to rights of inheritance, or at least as not clearly going any further. What cold fish the legisla......
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Bailey v. Menzie, No. 20A03-8806-CV-195
...tree. Bailey had no rights under the Act because she was no longer Amy's grandmother. In re Visitation of Menzie (1984), Ind.App., 469 N.E.2d 1225. An amendment to the statute set the stage for round two. The Legislature added subsection (d) which provided that a grandparent's visitation ri......
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Custody of Banning, In re, No. 45A04-8808-CV-256
...statute created a right unknown at common law and therefore has been strictly construed. In re Visitation of Menzie (1984), Ind.App., 469 N.E.2d 1225 (trans. denied ); appeal after remand, Bailey v. Menzie (1987), Ind.App., 505 N.E.2d 126. Statutes which provide new and extraordinary remedi......
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Bailey v. Menzie, No. 92A03-8607-CV-206
...of Amy cut off Lola Bailey's visitation rights under the Grandparent's Visitation Statute. In re Visitation of Menzie (1984), Ind.App., 469 N.E.2d 1225. 2 We reasoned that relevant portions of Indiana's adoption statute placed a child's adoptive mother in the position of the natural or biol......
-
Adoption of Francisco A., Matter of, No. 13358
...natural child, with the same rights of a natural child, all to the exclusion of the natural parents."); In re Visitation of Menzie, 469 N.E.2d 1225 The majority view Section 40-7-52 as limited to rights of inheritance, or at least as not clearly going any further. What cold fish the legisla......
-
Bailey v. Menzie, No. 20A03-8806-CV-195
...tree. Bailey had no rights under the Act because she was no longer Amy's grandmother. In re Visitation of Menzie (1984), Ind.App., 469 N.E.2d 1225. An amendment to the statute set the stage for round two. The Legislature added subsection (d) which provided that a grandparent's visitation ri......
-
Custody of Banning, In re, No. 45A04-8808-CV-256
...statute created a right unknown at common law and therefore has been strictly construed. In re Visitation of Menzie (1984), Ind.App., 469 N.E.2d 1225 (trans. denied ); appeal after remand, Bailey v. Menzie (1987), Ind.App., 505 N.E.2d 126. Statutes which provide new and extraordinary remedi......
-
Bailey v. Menzie, No. 92A03-8607-CV-206
...of Amy cut off Lola Bailey's visitation rights under the Grandparent's Visitation Statute. In re Visitation of Menzie (1984), Ind.App., 469 N.E.2d 1225. 2 We reasoned that relevant portions of Indiana's adoption statute placed a child's adoptive mother in the position of the natural or biol......