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Justices reverse custody modification but order status quo to continue, for now

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The laws in place to protect children caught in the middle of a custody battle were ignored by a St. Joseph Superior Court, the Indiana Supreme Court ruled Tuesday, pointing to a change in custody despite a lack of a proper evidentiary hearing.

Jason Wilson had physical custody of his two children with ex-wife Kelly Myers for six years until she filed a motion seeking physical custody of both children. The family was ordered to participate in family counseling. Myers later alleged Wilson was trying to sabotage the counseling process, so the court received permission from the parents to communicate with the counselor directly. The counseling service director found out Wilson secretly recorded the sessions and informed the court.

Judge Margot Reagan announced at the beginning of the hearing her intent to rule on Myers’ motion to modify custody and told Wilson she “didn’t want to have another in-camera” with the children and didn’t “understand why we would need an evidentiary hearing.” No witnesses were sworn during the hearing or evidence received. Reagan awarded custody to Myers, with Wilson receiving parenting time. This resulted in the children having to relocate to Michigan.

“In short, what we are now faced with on appeal is an order directing one parent to hand over two children to another parent with no mention or hint that doing so is in accordance with the Indiana Code. And the only support for this order is the transcript of what seems to be little more than an unorganized shouting match labeled as an ‘evidentiary hearing.’ To issue such an order was therefore an abuse of discretion,” Justice Steven David wrote in Jason Wilson v. Kelly (Wilson) Myers, 71S03-1305-DR-399.

“Tempers clearly ran hot for all involved in this case, as can easily happen in family law cases with disputed custody concerns,” he continued. “In such cases, we encourage trial courts to utilize the formal procedures embodied in the Indiana Trial Rules to maintain a level of control and decorum that keeps the litigation process from turning into a mud-slinging argument and preserves the rights of all involved.”

The modification is vacated and a proper evidentiary hearing and inquiry into in-camera interviews are ordered. But since the two children have already been pulled from their Indiana school system and are attending school in Michigan, this status quo should continue until further order of the court as to minimize further disruption.
 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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