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Judges disagree whether mother’s relocation is in good faith

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A panel on the Indiana Court of Appeals Thursday couldn’t agree whether a northern Indiana mother’s decision to relocate with her two children was made in good faith. The majority upheld her request to relocate.

In Geoffrey A. Gilbert v. Melinda J. Gilbert, 57A03-1308-DR-312, Geoffrey Gilbert appealed the grant of his ex-wife’s petition to relocate with their two minor children. Melinda Gilbert wanted to relocate because she needed a bigger house for her two children with Geoffrey Gilbert, her new child with her fiancé and her fiance’s child who lived with them occasionally. She said she was unable to find a home that accommodated their needs in Albion and decided to relocate to Goshen, approximately 30 miles from Geoffrey Gilbert.

Judges Patricia Riley and Michael Barnes affirmed the grant of Melinda Gilbert’s petition to relocate, finding the record clearly supports the conclusion that she sought to relocate in good faith. She worked to alleviate her ex-husband’s inconvenience by staying relatively close to his home in Albion, he works in Goshen, and his two older children from a previous marriage live in Middlebury and attend the same school system that the younger Gilbert children would.

Also, the majority noted the amount of time the children would spend with their father was not going to change regardless of whether the trial court approved or denied their mother’s request to relocate.

“Therefore, we conclude that the trial court did not abuse its discretion in granting Mother’s relocation request because Father failed to prove that it was not in the Children’s best interests,” Riley wrote.

Judge Margret Robb dissented, writing she didn’t believe Melinda Gilbert desired to relocate in good faith. Robb said the record doesn’t support moving to a better school district as a good faith and legitimate reason for her proposed relocation as Melinda Gilbert gave no testimony about the Goshen schools.

“If simply saying, ‘I want a bigger house,’ is a good faith and legitimate reason for relocating, then we have gone too far in the opposite direction of setting too high a bar for the relocating parent to meet, we have set no bar whatsoever,” Robb wrote.

The majority affirmed the denial of appellate attorney fees for Melinda Gilbert.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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