COA affirms joint legal custody

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The Indiana Court of Appeals upheld a dissolution court's decision to grant joint legal custody of two minor children to the parents, finding the lower court followed Indiana statute in granting the custody.

In Diana Gonzalez v. Edward Gonzalez, No. 64A04-0712-CV-733, Diana Gonzalez argued the dissolution court erred in granting her legal custody to make health care decisions for two minor children, and in giving her ex-husband Edward Gonzalez legal custody over educational and religious decisions.

Shortly before Diana filed for divorce, Edward was excommunicated from the church where the family attended services and where the children were enrolled in school. Members of the congregation are not to associate with those who have been excommunicated; Edward wanted the children to attend a different church and school.

Diana asserted the dissolution court "ignored" the statutory requirements of Indiana Code Section 31-17-2-17. Diana had physical custody of the two children and argued that the term "custodian" used in the section applied to the person with physical custody of the child, and according to the statute, she should be able to make the decisions regarding education and religion.

But the appellate court disagreed, finding the term custodian in the statute applies to the legal custodian, not physical custodian, of the child, wrote Judge Edward Najam. In addition, during the final custody hearing, Edward's request for legal custody of the two children was the functional equivalent of a "motion" under subsection (b) of the statute, which allows for limitation of a custodian's authority, wrote the judge.

The joint legal custody arrangement is in the best interest of the two children because there is evidence if Diana had educational and religious legal custody, she would enroll the children in a school and church in which their father had been excommunicated. Allowing Edward to enroll the children in a different school and church is what's best to allow for a healthy relationship with their father, the court found.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...