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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. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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