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COA affirms order that child should remain in Indiana with father

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Although the trial court erred in concluding that a Johnson County mother did not relocate to South Carolina for legitimate reasons, the court correctly ordered her son to remain in Indiana with his father, the Indiana Court of Appeals held.

Traci Nelson, after being let go from her medical sales job, sought employment in South Carolina due to a non-compete clause in her previous job’s contract. She chose South Carolina because she had a job opportunity and family in that state. In 2010 she filed a notice with the court that she would move to South Carolina, and she made the move with her five-year-old son before the court approved.

Tony Nelson was awarded temporary custody in 2011 and then sole physical custody after a hearing in 2013. Traci Nelson was awarded parenting time. The trial court found her relocation was not made in good faith and the move is not in the best interest of the child.

In Traci Nelson v. Tony Nelson, 41A01-1309-DR-424, the Court of Appeals held the lower court erred in concluding Traci Nelson didn’t move in good faith. It pointed to evidence she presented that she had many family members – including her parents – in South Carolina and that she would be able to help take care of her ailing mother. The judges also pointed to her attempts to start a new career in the state as a physical therapist.

But the trial court was correct in ordering their son to remain in Indiana with his father, the judges ruled. The 10-hour drive one-way would diminish the father-son bond, the boy had family in Indiana, and he wanted to live with his father. The trial court’s conclusion that the Relocation Statute factors disfavored relocation and merit a change in custody to father was not clearly erroneous, the COA ruled.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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