ILNews

Court prevents mother from relocating to Hawaii with daughter

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The Indiana Court of Appeals agreed with a trial court Wednesday that it is not in the best interests of a child to move to Hawaii with her mother and stepfather.

Mother H.H. and father A.A. were married, but separated when G.A. was born in 2006. They have both since remarried and A.A. has two children with his new wife, in addition to her children from a previous relationship.

Mother and her husband wanted to move to Hawaii after visiting on their honeymoon. She filed a notice of intent to relocate and before the court ruled, her husband J.H. accepted a job in Hawaii. The court denied her request, so she filed a second notice.  That was also denied.  The trial court ruled it was in G.A.’s best interest to stay in Indiana, pointing out the distance would make it difficult for her to see her father on a regular basis as she does now.

Mother appealed, and in H.H. v. A.A., 03A01-1308-DR-354, the Court of Appeals affirmed. The judges did find the trial court erred in ruling that the mother did not show a good faith and legitimate reason for proposing the relocation. Her husband acquired a job in Hawaii that would give them affordable benefits and he would work fewer hours. The appellate court found the mother’s stated reason for the move – to live and create a family life with J.H.  – was sufficient to prove the request was made in good faith.

But they agreed that the move was not in the girl’s best interests. The COA pointed to the trial court record that showed G.A. was thriving in school and was close to her father, his parents, and her half siblings and step siblings. They also noted that even though mother offered to pay for G.A. to visit her father, she would not have any income when she first moved because she would be starting a medical clinic that would take a few years to become profitable.
 

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  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.

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