Court rejects automatic change in custody for moving mom

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A mother will not automatically lose custody of one of her children if she chooses to relocate to Texas, the Indiana Court of Appeals held Tuesday, reversing in part a trial court order in favor of the child’s presumptive father.

“In this case, the trial court’s order operated to automatically modify custody upon the happening of a future event — Mother’s relocation to Texas. This was error, and we reverse the portion of the trial court’s order that automatically grants Father primary custody of H.M. if Mother relocates to Texas,” Chief Judge Nancy Vaidik wrote in Jacqueline Myers v. Mark Myers, 49A02-1310-DR-895.

Otherwise, the court affirmed a Marion Superior order that found for the father, holding that mother had failed to rebut the presumption that Mark Myer’s was the child’s father, and that she had not met her burden to show relocation was in the child’s best interests.

Jacqueline Myers argued that the dissolution record in which she claimed the daughter was the product of an affair proves that her ex-husband was not the child’s father, therefore his objection to her relocation was invalid. “We are not so convinced,” Vaidik wrote.

She cited Indiana Supreme Court Chief Justice Brent Dickson’s dissent in In re Paternity of I.B., 5 N.E.3d 1160, 1161 (Ind. 2014), in which he cautioned that the court should make no determination of a biological father without DNA evidence. No such conclusive evidence is in the record in Myers v. Myers.

“Absent conclusive, direct, clear, and convincing evidence, and in light of the contradictory dissolution order, we cannot say that the presumption that H.M. is a child of the marriage has been rebutted,” the court held.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...