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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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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