Dustin Lee Jarrell v. Billie Jo Jarrell - 3/4/14

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Tuesday  March 4, 2014 
1:00 PM  EST

1 p.m. 42A01-1308-DR-381. This appeal involves the review of an Order modifying a child custody order in favor of Mother, the Appellee, following her relocation from Vincennes, Indiana to Carterville, Illinois.  Father, the Appellant, presents this court with issues concerning the obligations of a non-relocating parent to timely object to a relocation where the relocating parent has failed to provide notice pursuant to Indiana Code section 31-17-2.2-1(a) and Indiana Code section 31-17-2.2-3, as well as issues regarding the factors a trial court must consider in determining whether to modify a custody order.  Specifically, Father asserts that the trial court erred by:

•considering only the best interests of the child rather than the factors specifically enumerated for relocation cases under Indiana Code section 31-17-2.2-1(b);
•failing to find there had been a substantial change to at least one of the factors used in ascertaining the child’s best interests during the initial custody determination pursuant to Indiana Code section 31-17-2-21; and
•concluding that it was in the child’s best interests to award physical custody to Mother.

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