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COA: Court erred in not granting request for change of judge

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Indiana’s appellate court has reversed a trial court in denying a mother’s request for change of judge in a custody dispute.

In A.T. (Mother) v. G.T. (Father), No. 39A05-1107-DR-335, A.T., the mother, and G.T., the father, divorced in Trimble County, Ky., in 2009, and the father was appointed as the primary custodial parent. At some point in 2010, the family members moved to Indiana, and in February of that year, the Jefferson Superior Court issued a no-contact order based on allegations of domestic violence committed by G.T. upon A.T. The Trimble Family Court, which retained jurisdiction over the domestic issues, ordered that the mother should have temporary physical custody of the children.

The Kentucky court restored joint custody in October 2010, and the Jefferson Circuit Court eventually assumed jurisdiction in January 2011. When the mother moved from Madison, Ind., to Bloomington, Ind., the father – who had been convicted of misdemeanor domestic battery – filed a petition to modify custody. A hearing was set, and the mother filed her motion for a change of judge, which was denied.

The Court of Appeals held that the trial court should have automatically granted the request for automatic change of judge under Trial Rule 76(B). Furthermore, the trial court should not have held the modification hearing, as it was deprived of jurisdiction by the timely filing of the Trial Rule 76(B) request.

The COA reversed and remanded with instructions that the judge grant the mother’s request for change of judge and that the procedures for the selection of a new judge be immediately implemented. “We urge the parties to cooperate in the timely selection of a new judge and to consider the welfare of their children in resolving this matter,” the court wrote.


 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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