Judge ‘troubled’ by delays in relocation case

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The Indiana Court of Appeals Thursday upheld a mother’s decision to relocate from Indiana to Georgia with her daughter before a court hearing was held on the matter. But one judge on the panel found the court’s reliance on the time the mother and child lived in Georgia to support its decision “makes a mockery” of the relocation statute.

Starr Weather and Ryan Gold have a daughter born in August 2008. Gold is married with two other children and lives in Indianapolis. Weather worked as a nurse in Terre Haute. The two had a contentious relationship, including Weather denying Gold visitation for more than a year. She decided to relocate to Atlanta, Ga., to be close to her mother and two siblings, whom lived in Terre Haute prior to moving to Georgia.

Weather did not provide the required 90-day notice of her intent to move prior to her relocation date of July 1, 2011, and she moved prior to obtaining court approval. In October 2012, the court found that Weather satisfied her burden of proving the move was in good faith and for a legitimate purpose. In October 2013, the court issued its final order denying Gold’s objection to the relocation and his motion to modify physical custody. The two were awarded joint legal custody of the child.

In Ryan Gold v. Starr Weather, 49A02-1311-JP-995, the Court of Appeals affirmed the decision by the trial court, with Judge Patricia Riley pointing to the care that mother’s immediate family provided for the child and her close bond with those family members. Weather also relocated to Georgia for employment reasons.

Gold argued that custody should be modified because of Weather’s multiple attempts to thwart parenting time, but the judges declined to disturb the trial court’s decision.

The majority opinion noted by the time of the final hearing, the child had lived in Georgia for two years. This was an issue that caused Judge Margret Robb to concur in result.

“I believe Mother’s move in violation of the terms of the relocation statute alone justifies closer scrutiny of her reasons for the move. And Mother’s hasty move coupled with the court’s reliance – however small – on the time she and the Child have lived 800 miles away from Father as support for its decision despite acknowledging her disregard makes a mockery of the statute,” Robb wrote.

“If a parent can ignore the requirements of the law, move the child without court approval, and then claim ‘primary caregiving’ and ‘bonding’ as a justification for staying with that parent being in the child’s best interest—and moreover, if the court can acknowledge all of this and yet in effect reward the parent by approving what they have already done—then the relocation statute has no meaning and no teeth.”

She said her concurrence might have been a dissent if Gold had been more aggressive in pursuing his rights and less complicit in the lengthy delay in this case. Robb also found the two-year delay from the notice of intent to move and when the final order was issued to be “unconscionable” on the part of both the parties and the court.  



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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  4. 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.

  5. (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.