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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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