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Automatic modification violates custody statute, COA rules

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A trial court’s order automatically awarding custody of a minor child to the father was reversed by the Indiana Court of Appeals on the grounds the lower court’s decision violated the state’s custody modification statute.

The Tippecanoe Circuit Court issued a provisional order that primary physical custody would be awarded to the father of the minor child, C.A., if the mother did not relocate to Indiana by March 31, 2013.

Mother and father met and had C.A. while in high school. The couple never married but successfully co-parented the child until the mother moved to South Carolina to complete a college degree. Father continued visiting C.A. and paying monthly child support.

The mother finished her degree and opted to remain in South Carolina. Finding that permanent relocation to South Carolina was not in C.A.’s best interest, the trial court ordered that if the mother did not move back to Indiana by March 31, 2013, the father would be awarded primary physical custody on April 1, 2013.

In In re the paternity of C.J.A.: G.C. (mother) v. T.A. (father), 79A02-1302-JP-137, the Court of Appeals reversed the order. The court ruled that the language ordering the change in custody be automatically modified was inconsistent with the requirements of the state’s custody modification statute, Indiana Code 31-14-13-6.

However, Judge Elaine Brown dissented, arguing the trial court’s order was not a final judgment and had not disposed of all claims. Therefore, the Court of Appeals did not have jurisdiction over this appeal and should have dismissed.

 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

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  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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