Pyle, J.
Statement of the Case
C.R. (“Biological Mother”) and her husband, J.R., (“her husband”) appeal the trial court’s grant of S.P. (“Father”) and D.P.’s (“Mother”) (collectively “Parents”) motion to dismiss a custody action in which Biological Mother and her husband sought to obtain custody of A.P. (“A.P.”) thirteen years after Biological Mother had voluntarily relinquished her parental rights to A.P. and had consented to A.P.’s adoption. Concluding that the trial court did not err in granting the Parents’ motion to dismiss, we affirm the trial court’s judgment.
We affirm.
…
Biological Mother and her husband contend that INDIANA CODE § 31-17-2-3 provided them with “the ability to commence a custody action” to obtain custody of A.P. (Appellants’ Br. 6). INDIANA CODE § 31-17-2-3 provides that a “child custody proceeding is commenced in the court by . . . a person other than a parent by filing a petition seeking a determination of custody of the child.” The Indiana Supreme Court has explained that the “reference to ‘a person other than a parent’ is interpreted in its plain meaning.” In re the Custody of M.B., 51 N.E.3d 230, 233 (Ind. 2016). Parents, however, respond that this statute does not apply in this case because “[a]s a matter of law, Biological Mother has forfeited her right to challenge custody of [A.P.]” (Appellees’ Br. 10). We agree with Parents.
….
In light of this persuasive statutory and case law, Biological Mother’s parent-child relationship with A.P. was irretrievably terminated when the decree of adoption was entered in March 2004. At that time, Biological Mother was divested of all rights with respect to A.P. [Footnote omitted.] We agree with the trial court that Biological Mother cannot now circumvent this law “under the guise of a nonparent third party.” (App. 40). See A.R., 723 N.E.2d at 479 (holding that after consenting to the adoption, biological mother could not circumvent the law by seeking visitation as a non-parent third party). Additionally, the acceptance of Biological Mother’s argument would lead to a patently absurd result in this case and potentially in many others. Under her argument, all parents who had either voluntarily relinquished their parental rights or had those rights involuntarily terminated could use INDIANA CODE § 31-17-2-3 to potentially revive those previously divested rights. This would create the “unnecessary instability and uncertainty” that INDIANA CODE § 31-19-15-1 was enacted to prevent. Further, in this case, it would also be absurd to allow Biological Mother to use her husband to revive these divested rights. Accordingly, the trial court did not err in granting Parents’ motion to dismiss.
Affirmed.
Kirsch, J., and Bailey, J., concur.