ILNews

Court rejects automatic change in custody for moving mom

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A mother will not automatically lose custody of one of her children if she chooses to relocate to Texas, the Indiana Court of Appeals held Tuesday, reversing in part a trial court order in favor of the child’s presumptive father.

“In this case, the trial court’s order operated to automatically modify custody upon the happening of a future event — Mother’s relocation to Texas. This was error, and we reverse the portion of the trial court’s order that automatically grants Father primary custody of H.M. if Mother relocates to Texas,” Chief Judge Nancy Vaidik wrote in Jacqueline Myers v. Mark Myers, 49A02-1310-DR-895.

Otherwise, the court affirmed a Marion Superior order that found for the father, holding that mother had failed to rebut the presumption that Mark Myer’s was the child’s father, and that she had not met her burden to show relocation was in the child’s best interests.

Jacqueline Myers argued that the dissolution record in which she claimed the daughter was the product of an affair proves that her ex-husband was not the child’s father, therefore his objection to her relocation was invalid. “We are not so convinced,” Vaidik wrote.

She cited Indiana Supreme Court Chief Justice Brent Dickson’s dissent in In re Paternity of I.B., 5 N.E.3d 1160, 1161 (Ind. 2014), in which he cautioned that the court should make no determination of a biological father without DNA evidence. No such conclusive evidence is in the record in Myers v. Myers.

“Absent conclusive, direct, clear, and convincing evidence, and in light of the contradictory dissolution order, we cannot say that the presumption that H.M. is a child of the marriage has been rebutted,” the court held.



 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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