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COA affirms order that child should remain in Indiana with father

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Although the trial court erred in concluding that a Johnson County mother did not relocate to South Carolina for legitimate reasons, the court correctly ordered her son to remain in Indiana with his father, the Indiana Court of Appeals held.

Traci Nelson, after being let go from her medical sales job, sought employment in South Carolina due to a non-compete clause in her previous job’s contract. She chose South Carolina because she had a job opportunity and family in that state. In 2010 she filed a notice with the court that she would move to South Carolina, and she made the move with her five-year-old son before the court approved.

Tony Nelson was awarded temporary custody in 2011 and then sole physical custody after a hearing in 2013. Traci Nelson was awarded parenting time. The trial court found her relocation was not made in good faith and the move is not in the best interest of the child.

In Traci Nelson v. Tony Nelson, 41A01-1309-DR-424, the Court of Appeals held the lower court erred in concluding Traci Nelson didn’t move in good faith. It pointed to evidence she presented that she had many family members – including her parents – in South Carolina and that she would be able to help take care of her ailing mother. The judges also pointed to her attempts to start a new career in the state as a physical therapist.

But the trial court was correct in ordering their son to remain in Indiana with his father, the judges ruled. The 10-hour drive one-way would diminish the father-son bond, the boy had family in Indiana, and he wanted to live with his father. The trial court’s conclusion that the Relocation Statute factors disfavored relocation and merit a change in custody to father was not clearly erroneous, the COA ruled.
 

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

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  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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