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COA voids custody order in favor of father

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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.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

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  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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