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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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