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Court affirms custody modification after mom’s move

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A Vincennes father lost his appeal of a modification of custody order that granted sole physical custody to his child’s mother after she moved 180 miles away to start a new family with her fiancé.

In Dustin Lee Jarrell v. Billie Jo Jarrell, 42A01-1308-DR-381, the Indiana Court of Appeals ruled Monday that neither parent complied fully with the relocation statute, IC 31-17-2.2-5. If a non-relocating parent doesn’t object with 60 days, a custodial parent is free to relocate.

In the instant case, the parents continued to share custody after Billie Jo relocated, but father realized that at some point a modification of custody would be required. He petitioned for modification, but the court ultimately adopted mother’s findings of fact, continuing with joint legal custody but granting sole physical custody to mother. Father was awarded parenting time three weekends a month and during summer breaks.

"We conclude that the trial court did not err in declining to consider the Relocation Factors because Father acquiesced to Mother’s relocation. Furthermore, the trial court did not err in modifying the custody order because there is evidence to support the findings that there was a substantial change in circumstance and that modification is in G.J.’s best interest," Judge Patricia Riley wrote for the panel.
 

 

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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