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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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