ILNews

COA voids custody order in favor of father

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has reversed the grant of custody in favor of an Indiana father because the trial court lacked subject matter jurisdiction under the Uniform Interstate Family Support Act to make a custody determination.

Diamond Parks and Deante Rashon Tate had a child together out of wedlock in 2009. Parks put Tate’s name on the birth certificate, but paternity was not adjudicated until 2013. Parks moved to Mississippi with D.T. after a domestic battery incident.

In July 2011, she filed an action in Mississippi seeking Medicaid benefits and child support from Tate. A request for paternity determination and child support enforcement under the Uniform Interstate Family Support Act was sent to Indiana, where the Madison County prosecutor filed a UIFSA action in the Indiana trial court.

Shortly after paternity was established, Tate sought custody of D.T. through the Indiana trial court. Parks had consented for D.T. to be in Indiana with Tate to attend a memorial service for Tate’s mother, but she never received notice of the motion for change of custody. It wasn’t until she came to Indiana and picked him up did she learn the trial court granted Tate full custody. He had listed his aunt’s address as Parks’ address for purposes of service of process.

The trial court denied mother’s motion to correct error as well as her emergency motion to vacate the custody order pursuant to Trial Rule 60(B)(6). The trial court ruled Parks didn’t establish that an emergency existed as alleged in the title of her motion.

Trial Rule 60(B)(6) does not require a showing of “emergency” circumstances, but just that a judgment be “void,” Judge Terry Crone wrote in In Re Paternity of D.T. (Minor Child) Diamond T. Parks (Mother) v. Deante Rashon Tate (Father), 48A05-1309-JP-486.

“Shortly after the paternity order was issued, Father filed a pro se motion under the same cause number seeking full custody of D.T., who was with him in Indiana pending attendance at a family memorial service. Curiously, the trial court adjudicated the custody request as part of the UIFSA cause of action, even though UIFSA specifies that the court lacks jurisdiction to make such a determination absent a stipulation between the parties. The record is devoid of documentation indicating any such stipulation, and Mother never received notice of the custody hearing. As such, she cannot be deemed to have stipulated to the trial court’s jurisdiction over the matter,” Crone wrote.

The judges also ordered UIFSA proceedings reinstated. The prosecutor dismissed them after custody was awarded to father.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

ADVERTISEMENT