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COA: Court erred in not granting request for change of judge

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Indiana’s appellate court has reversed a trial court in denying a mother’s request for change of judge in a custody dispute.

In A.T. (Mother) v. G.T. (Father), No. 39A05-1107-DR-335, A.T., the mother, and G.T., the father, divorced in Trimble County, Ky., in 2009, and the father was appointed as the primary custodial parent. At some point in 2010, the family members moved to Indiana, and in February of that year, the Jefferson Superior Court issued a no-contact order based on allegations of domestic violence committed by G.T. upon A.T. The Trimble Family Court, which retained jurisdiction over the domestic issues, ordered that the mother should have temporary physical custody of the children.

The Kentucky court restored joint custody in October 2010, and the Jefferson Circuit Court eventually assumed jurisdiction in January 2011. When the mother moved from Madison, Ind., to Bloomington, Ind., the father – who had been convicted of misdemeanor domestic battery – filed a petition to modify custody. A hearing was set, and the mother filed her motion for a change of judge, which was denied.

The Court of Appeals held that the trial court should have automatically granted the request for automatic change of judge under Trial Rule 76(B). Furthermore, the trial court should not have held the modification hearing, as it was deprived of jurisdiction by the timely filing of the Trial Rule 76(B) request.

The COA reversed and remanded with instructions that the judge grant the mother’s request for change of judge and that the procedures for the selection of a new judge be immediately implemented. “We urge the parties to cooperate in the timely selection of a new judge and to consider the welfare of their children in resolving this matter,” the court wrote.


 

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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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