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ATTORNEY FOR APPELLANT
James J. Krajewski Munster, Indiana

ATTORNEY FOR APPELLEE
Eugene M. Velazco, Jr. Merrillville, Indiana

______________________________________________________________________________

In the

Indiana Supreme Court
_________________________________ No. 45S03-0509-JV-435 ROBERT BESTER, Appellant (Petitioner below), v. LAKE COUNTY OFFICE OF FAMILY AND CHILDREN, Appellee (Respondent below). _________________________________ Appeal from the Lake Superior Court, No. 45D06-0211-JT-104 The Honorable Mary Beth Bonaventura, Senior Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 45A03-0410-JV-454 _________________________________ December 20, 2005 Rucker, Justice.

Case Summary

The trial court terminated Robert Bester's parental rights on the ground that the parentchild relationship posed a threat to the well being of the child. The Court of Appeals affirmed. Concluding that the evidence does not clearly and convincingly demonstrate that Bester's parental rights should be terminated, we reverse the judgment of the trial court.

Facts and Procedural History

On June 16, 2001, a son (referred to as "Child") was born out of wedlock to Lavita Israel (Mother) and Robert Bester (Father). Father was present at St. Catherine's Hospital at the time of Child's birth. Because Child tested positive for cocaine, Hospital authorities notified the Lake County Office of Family and Children Services ("OFC"), which assumed jurisdiction over Child. See Ind. Code

Download Robert Bester v. Lake Co. Office of Family and Children.pdf

Indiana Law