Opinions March 8, 2024
Indiana Court of Appeals
M.T. v. D.W. (mem. dec.)
23A-AD-1328
Adoption. Reverses the Johnson Superior Court’s judgment denying M.T. grandmother’s petition to adopt. Finds the trial court’s decision was based on an erroneous reading of the Consent Statute. Remands to the trial court with instructions to enter factual findings as to whether grandmother proved by clear and convincing evidence that D.W., the child’s biological father, failed without justifiable cause to communicate with the child when able to do so or knowingly failed to provide for child’s care and support when able to do so.