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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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