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Appeals panel affirms sole custody for mother moving to China

August 15, 2013

A father lost his appeal Thursday of a trial court ruling granting sole custody to the mother of the divorced couple’s child, who will move with her to China for three years.

The court rejected the father’s argument that Jefferson Circuit Court abused its discretion in  Charles Kietzman v. Amanda S. Kietzman, 39A01-1301-DR-14. “We do not agree,” Judge Mark Bailey wrote for the court, noting the court considered statutory factors, distance, time away from father, and the need to preserve the child’s relationship with father through return trips home.

Bailey wrote that many of the father’s arguments amounted to requests to reweigh evidence. “We cannot do so, and we accordingly affirm the dissolution court’s order denying Father’s motion to modify custody."
 

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