Megyese v. Woods

808 N.E.2d 1208, 2004 Ind. App. LEXIS 1006, 2004 WL 1178225
CourtIndiana Court of Appeals
DecidedMay 28, 2004
Docket71A03-0401-CV-33
StatusPublished
Cited by22 cases

This text of 808 N.E.2d 1208 (Megyese v. Woods) 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
Megyese v. Woods, 808 N.E.2d 1208, 2004 Ind. App. LEXIS 1006, 2004 WL 1178225 (Ind. Ct. App. 2004).

Opinion

OPINION

SHARPNACK, Judge.

Jennifer Megyese ("Mother") appeals the trial court's grant of visitation to Anthony Woods ("Grandfather") and Bobbie Woods ("Grandmother") (collectively, "Grandparents"). Mother raises one issue, which 'we restate as whether the trial court's order granting Grandparents visitation with G.W. and J.W. (collectively, the "Children") is clearly erroncous. We affirm. '

The relevant facts follow. Mother and Terrell Woods ("Father") had two children, GW., born August 24, 2000, and J.W., born September 7, 2001. Father's paternity of G.W. was established by the St. Joseph County Probate Court, and shortly after J.W.'s birth, Father signed an affidavit acknowledging that he was J.W.'s father.

Mother and Father moved in with Grandparents shortly before G.W. was born. While Mother was pregnant with G.W. and after GW. was born, Grandmother took Mother to all of her doctor's appointments. G.W. was colicky, and Grandmother also helped Mother care for G.W. at night when she was crying, and sometimes Grandmother would take G.W. to bed with her. Grandmother also helped Mother find a job, and when Mother went back to work, Grandmother drove G.W. to and from her babysitter. On one occasion, Mother told Grandmother, "[G.W.] is more attached to you than to. me," and she told Grandmother that she was her "guardian angel." Transeript at 13, 16.

About four months after G.W. was born, Mother moved out of Grandparents' house and into an apartment. After Mother moved, Grandmother became concerned about Mother and G.W. because Mother "appeared to be down and not wanting to do anything or get up and clean [herself *1210 up] or take care of [G.W.] like she should." Id. at 18. Grandmother told Mother that she needed to take better care of herself and G.W. During this time, Grandparents continued to have contact with Mother and G.W.

Approximately three months later, Mother moved to her parents' house and cut off contact between Grandparents and G.W. Approximately two to three months later, Mother began to visit Father who was still living at Grandparents' house. On September 7, 2001, Mother and Father's second child, J.W., was born. When J.W. was born, Mother was living with her parents, but about two weeks after his birth, she went to live with Father at Grandparents' house. Mother, Father, and the Children moved into an apartment about one month later but only stayed there for about two weeks because Mother and Father split up. Mother and the Children moved back to Mother's parents home, and approximately three months later, Grandparents helped Father get court ordered visitation rights with the Children. Grandparents then saw the Children during Father's visitation. Father was murdered on February 7, 2003, and after Father's funeral, Grandmother called Mother and asked her if she could see the Children. Mother said that she could, but despite Grandmother's repeated requests to visit the Children, a visit was never arranged.

Grandparents then filed for grandparent visitation. Mother objected to Grandparents' request for visitation, and the trial court held a hearing. During the hearing, Grandmother testified that she desired visitation with the Children because "both sides make a whole," and "we can give to them just as her family have things that they can give to them as well. I think we are a loving family. We have other grand-kids, we love them dearly. We love all our grandkids dearly. That's all we want, we just want to be a part of them, to have ... them ... know us, and us to know them, and contribute the love that we have for them." Id. at 832-88. During the hearing, Grandfather said that he desired visitation with the Children because "I'd like to spend as much time as I can with my grandkids to offer whatever advice I could give them .... we don't want the kids, we have already raised our kids. It's just the idea, we want to see our grandkids, that's what it all boills] down to." Id. at 51-52.

Mother testified that when she starting dating Father, she and Grandmother had a good relationship, but when Father became abusive, her relationship with Grandmother deteriorated. Mother said that on one occasion, she and Father fought, and Father "busted [her] head open." Id. at 104. Mother told Father that he had to leave, Grandmother picked Father up, and Grandmother told Mother she would "whip [Mother's] ass up and down Main Street if she [was not] able to see her grandbabies." Id. at 103-104. Grandmother also took some clothes, which she had given G.W. and told Mother that she would give them back when she got back together with Father. Grandmother denied making any threatening statements to Mother but said that she did take G.W.'s clothes to wash them.

Mother also testified that Grandparents' house was not safe for the Children. Mother said that she had seen Grandfather smoke marijuana in his house and was concerned about cousins carrying handguns in Grandparents' house. Grandparents disputed Mother's assertion that Grandfather smoked marijuana in the house, and Grandmother said that she had never let any of her relatives come to her house with a gun. Mother was also concerned about Children spending time with Grandparents' extended family because *1211 two weeks after Father was murdered, Grandparents' niece was shot and killed.

Mother said that Grandparents have "no relationship" with J.W., and Grandfather has had little contact with G.W. Id. at 118. Mother also said that Grandparents question whether JW. is Father's child and have requested that J.W. get a blood test in order to determine his paternity. Grandfather admitted that he has questioned J.W.'s paternity, but said, "[mly son accepted him, so I have to go along with my son's wishes." Id. at 57. Likewise, Grandmother said, "[mly son signed the paperwork, and as far as I am concerned, that's my grandchild. I would treat him just like I do with the rest, any of the rest, with loving care." Id. at 132. Mother said that because Grandparents question whether J.W. is Father's son, Grandparents treat G.W. and J.W. differently. Grandmother denied this accusation.

J.W. has separation anxiety and will "scream bloody murder" if he is separated from Mother. Id. at 117. Mother has not told the Children about the circumstances surrounding Father's murder, and she is concerned that Grandparents will tell the Children about the circumstances of Father's murder against Mother's wishes. Grandmother said that she would not discuss the circumstances surrounding Father's murder with the Children.

After the hearing, the trial court issued an order granting Grandparents visitation rights with the Children. The trial court's findings of fact were as follows:

[G.W.] is the three year old child (d.b. 8/24/00) of [Mother] and [Father], who was murdered on February 7, 2003. [Mother] and [Father] never married. [Father's] paternity was established by the St. Joseph Probate Court.
[J.W.] is the two year old child (d.b. 9/7/01) of [Mother] and [Father] pursuant to the Paternity Affidavit signed by
[Father] and [Mother] on September 8, 2001, a copy of which was attached to [Grandparents'] petition. [Grandparents] are the parents of the late [Father] and, therefore, the grandparents of [the Children].
[Grandparents] met [Mother] in 1999 when she and [Father] were dating.

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Cite This Page — Counsel Stack

Bluebook (online)
808 N.E.2d 1208, 2004 Ind. App. LEXIS 1006, 2004 WL 1178225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/megyese-v-woods-indctapp-2004.