Public-domain · open source
OpenJurist

173 Ind. App. 495

364 N.E.2d 161

Stevenson v. Stevenson

Indiana Court of Appeals

Decided July 5, 1977

Indiana Court of Appeals · decided 1977-07-05

Relies on 163 Ind. App. 346 - Franks v. Franks

Good law ✅— No negative treatment on recordhow we know

Decided 1977-07-05

How this case has been cited

Cited by 11 later decisions — most recently June 2008

11 state decisions

501977198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*505CONCURRING OPINION

Garrard, J.

¶2I agree with the majority that while the reasons to support the rule may differ, the same criteria that apply to natural parents apply to depriving adoptive parents of custody.

¶3Here, the court was not required to make special findings in the absence of a request by either party. Indiana Rules of Procedure, Trial Rule 52; Franks v. Franks (1975), 163 Ind. App. 346, 323 N.E.2d 678. Accordingly, since the record contains substantial evidence of probative value from which the trial court could have concluded that Mrs. Stevenson was unfit, the judgment should be affirmed.1

¶4Note. — Reported at 364 N.E.2d 161.

¶5. I would find the res judicata argument inapposite since all the conduct in question occurred after the adoption proceedings were completed.

/173/indapp/495 · .json · Public domain