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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

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