ILNews

Judge ‘troubled’ by delays in relocation case

Back to TopCommentsE-mailPrintBookmark and Share

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.  

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT