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COA upholds mother’s relocation to Illinois

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A trial court’s decision to allow a mother and her two children to move to Illinois after marrying her fiancé was not an abuse of discretion by the court because the father didn’t show how the move would have a negative effect on the children.

Kyle and Ara Dixon divorced in 2007, with Ara Dixon having physical custody of the parties’ children and Kyle Dixon receiving parenting time. In 2011, the mother filed notice of intent to relocate to Illinois due to her plans to get remarried and live with her new husband, who worked in Illinois.

Kyle Dixon is remarried and has one son with his new wife and two stepchildren. He participated in many activities with the children because of his flexible work schedule. It would take about three hours to drive to Ara Dixon’s new home in Illinois, but she testified that she’d be willing to continue alternating weekends with the father, allow the children to be in Indiana for holidays and accommodate extra parenting time when appropriate.

The trial court found that the mother’s desire to relocate was made in good faith and for a legitimate reason. The judge granted her request to relocate, which effectively denied Kyle Dixon’s motion to modify custody.

The children’s schedule will not change much due to the relocation, the Court of Appeals noted in Kyle W. Dixon v. Ara J. Dixon, 34A05-1206-DR-303, and Kyle Dixon didn’t present any expert testimony to show how the move would have a negative effect on the kids. The judges also weren’t persuaded by his argument that the relocation may cause conflicts with his ability to engage in parenting time with his children with Ara Dixon as the schedule of his son with his second wife may conflict with trips to see the children in Illinois.

The appellate court found the trial judge considered the factors set out in Indiana Code 31-17-2.2-1(b) in making its determination.

 

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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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