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COA affirms remand to prior judge over father’s objection

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A special judge appointed in a paternity case ruled correctly that matters in the case remanded by the Court of Appeals should be heard by the prior judge who heard the evidence, the appellate court held in a second appeal on the matter.

In In re the Paternity of V.A., (Minor Child), R.A. v. B.Y., 39A04-1310-JP-512, father R.A. requested a change of judge under Trial Rule 76(B), which was granted. He appealed a prior trial court ruling to the Court of Appeals, which affirmed in part, reversed in part, and remanded for further proceedings.

Jefferson Circuit Special Judge James B. Morris took the case after Judge Ted Todd granted father’s change-of-judge motion. When Morris received the matter on remand, he ruled that Trial Rule 63(A) requires a judge who hears evidence to make all rulings relating to that evidence.

“On appeal, Father contends that Trial Rules 76(B) and 63(A) conflict, and his right to a change of judge under Trial Rule 76(B) trumps Trial Rule 63(A)’s preference for the judge who heard the evidence,” Chief Judge Nancy Vaidik wrote for the panel. “We conclude that the rules do not conflict; rather, they govern different aspects of Father’s case —  Father’s change-of-judge request under Trial Rule 76(B) applies prospectively to his modification petition, and Trial Rule 63(A) operates retroactively to ensure that the remanded issues are considered by the judge who heard the evidence, Judge Todd. We affirm.”

A separate appellate panel heard another appeal from the same case, affirming Morris’ denial of father’s motion to correct error and an order reinstating his visitation time with a child he had in 2003. He and the child’s mother never married, and their relationship ended in 2011.

In In Re: The Paternity of V.A., a Minor Child, R.A. Father v. B.Y., Mother, 39A01-1307-JP-304, as prior appeals were pending, father filed a motion to modify support and custody the same day that Morris assumed jurisdiction. Morris denied the motion on the basis that he lacked jurisdiction to rule.

“(W)e cannot hold the court abused its discretion when it denied Father’s motion to correct error,” Judge Melissa May wrote for the panel in this appeal. “We accordingly affirm the denial of Father’s Motion to Correct Error regarding the dismissal of his petition to modify custody and support.”
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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