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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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