Curtis v. Coleman

Indiana Court of Appeals

Curtis v. Coleman

443 N.E.2d 890, 1983 Ind. App. LEXIS 2511

CourtIndiana Court of Appeals

DecidedJanuary 12, 1983

Docket1-1082A309

StatusPublished

Cited by6 cases

This text of 443 N.E.2d 890 (Curtis v. Coleman) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Curtis v. Coleman, 443 N.E.2d 890, 1983 Ind. App. LEXIS 2511 (Ind. Ct. App. 1983).

Pincite

Opinion

ROBERTSON, Presiding Judge.

The sole issue raised in this interlocutory appeal is whether a maternal grandmother can obtain court ordered visitation rights *891 with her granddaughter pursuant to the provisions of Ind.Code 31-1-11.7-2. Under the facts of this case, we hold that she cannot.

The statute permits the court to order grandparent visitation in two instances; one where a parent is deceased and the other being where the parent’s marriage has been dissolved. Neither situation exists here.

As Judge Neal recently stated in the case of In Re: The Visitation of J.O., (1982) Ind.App., 441 N.E.2d 991:

As a court, we are constrained to uphold the plain meaning of the statute and to carry out the true intent of the legislature. . Thompson v. Thompson, (1972) 259 Ind. 266, 286 N.E.2d 657; In the Matter of the Estate of Wisely, (1980) Ind.App., 402 N-E.2d 14. We hold that the Grandparent’s Visitation Statute limits third-party grandparents seeking visitation rights to the above-described two instances, ...

The trial court erred in setting aside its ruling on summary judgment.

Judgment reversed.

RATLIFF and NEAL, JJ., concur.

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