Geoffrey A. Gilbert v. Melinda J. Gilbert - 2/28/14

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Friday  February 28, 2014 
12:00 PM  EST

12 p.m. 57A03-1308-DR-312. Culver Cove Resort and Conference Center. This appeal involves the review of an Order denying the modification of a child custody order and granting Mother, the Appellee, permission to relocate from Albion to Goshen, Indiana.  Father, the Appellant, presents this court with issues concerning the evidence required under Indiana Code section 31-17-2.2-5(c)-(d) in order for one parent to move the children away from the other parent.  Specifically, Father asserts that the trial court abused its discretion by:

•determining that a larger home and a better school district constitute a legitimate purpose for Mother’s relocation; and
•determining that the relocation would be in the children’s best interests.
On cross-appeal, Mother asserts that she is entitled to appellate attorney’s fees because Father’s appeal is frivolous and in bad faith.
 

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