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Judge ‘troubled’ by delays in relocation case

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The Indiana Court of Appeals Thursday upheld a mother’s decision to relocate from Indiana to Georgia with her daughter before a court hearing was held on the matter. But one judge on the panel found the court’s reliance on the time the mother and child lived in Georgia to support its decision “makes a mockery” of the relocation statute.

Starr Weather and Ryan Gold have a daughter born in August 2008. Gold is married with two other children and lives in Indianapolis. Weather worked as a nurse in Terre Haute. The two had a contentious relationship, including Weather denying Gold visitation for more than a year. She decided to relocate to Atlanta, Ga., to be close to her mother and two siblings, whom lived in Terre Haute prior to moving to Georgia.

Weather did not provide the required 90-day notice of her intent to move prior to her relocation date of July 1, 2011, and she moved prior to obtaining court approval. In October 2012, the court found that Weather satisfied her burden of proving the move was in good faith and for a legitimate purpose. In October 2013, the court issued its final order denying Gold’s objection to the relocation and his motion to modify physical custody. The two were awarded joint legal custody of the child.

In Ryan Gold v. Starr Weather, 49A02-1311-JP-995, the Court of Appeals affirmed the decision by the trial court, with Judge Patricia Riley pointing to the care that mother’s immediate family provided for the child and her close bond with those family members. Weather also relocated to Georgia for employment reasons.

Gold argued that custody should be modified because of Weather’s multiple attempts to thwart parenting time, but the judges declined to disturb the trial court’s decision.

The majority opinion noted by the time of the final hearing, the child had lived in Georgia for two years. This was an issue that caused Judge Margret Robb to concur in result.

“I believe Mother’s move in violation of the terms of the relocation statute alone justifies closer scrutiny of her reasons for the move. And Mother’s hasty move coupled with the court’s reliance – however small – on the time she and the Child have lived 800 miles away from Father as support for its decision despite acknowledging her disregard makes a mockery of the statute,” Robb wrote.

“If a parent can ignore the requirements of the law, move the child without court approval, and then claim ‘primary caregiving’ and ‘bonding’ as a justification for staying with that parent being in the child’s best interest—and moreover, if the court can acknowledge all of this and yet in effect reward the parent by approving what they have already done—then the relocation statute has no meaning and no teeth.”

She said her concurrence might have been a dissent if Gold had been more aggressive in pursuing his rights and less complicit in the lengthy delay in this case. Robb also found the two-year delay from the notice of intent to move and when the final order was issued to be “unconscionable” on the part of both the parties and the court.  

 

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

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  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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