Curtis v. Coleman

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

Opinion

ROBERTSON, Presiding Judge.

The sole issue raised in this interlocutory appeal is whether a maternal grandmother can obtain court ordered visitation rights 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.