Court affirms boy should stay in Indiana with father

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Noting that its decision should not be viewed as a punishment for either parent, a trial court denied a mother’s request to move to California with  her son and ordered the boy remain in Indiana with his father. The Indiana Court of Appeals affirmed Friday, finding the father presented evidence that supported the trial court’s decision.

Allison DeCloedt and Shane Wagaman divorced in 2011 when H.W. was two years old. DeCloedt had sole physical and legal custody of the boy with Wagaman exercising parenting time. DeCloedt remarried in July 2013 and told the court she planned to relocate to California, where her husband moved for work. Wagaman objected and, after a hearing in which the trial judge said it “preferred not to make a decision at all,” the trial court granted Wagaman’s petition to modify custody so that H.W. remained in Indiana and DeCloedt would exercise parenting time.

In a case that the Court of Appeals referred to as a “close case,” the judges affirmed. Both parents testified the other was a very good parent and there were never any issues with support or visitation prior to DeCloedt’s relocation. The trial court found that her relocation was in good faith and that father proved the proposed relocation is not in H.W.’s best interests.

 The appeals judges agreed, pointing to the numerous family members H.W. has in Indiana and his current relationship with them. They rejected mother’s argument that all other things being equal, her role as primary caregiver during H.W.’s life takes precedence over the other factors the dissolution court was to consider.

 “[T]he dissolution court was forced to make a very difficult decision. In the end, the dissolution court found that it is in H.W.’s best interests to stay in Indiana with his Father and future stepsiblings, with both sets of grandparents and cousins living nearby,” wrote Judge Edward Najam in Allison I. (Wagaman) DeCloedt v. Shane C. Wagaman, 92A03-1401-DR-39.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.