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Judges affirm change in custody

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The Indiana Court of Appeals has upheld the modification of a custody order giving the father primary custody of his son, finding the trial court didn’t abuse its discretion in deciding that the boy’s physical and mental/academic maturation constituted a substantial change warranting the change in custody.

In In Re the Paternity of C.S.: M.R. (Mother) v. R.S. (Father), No. 53A01-1108-JP-381, mother M.R. appealed the change in modification that gave father R.S. primary custody of their son, C.S. The parents were never married, but when they split up, they entered into an agreed entry, approved by the trial court, to share joint legal and equal physical custody of the boy. M.R., who is in the Active Army Reserves, took a job at Fort Knox. C.S. would split time with his mother there and his father in Bloomington. Both agreed that C.S. was ready to begin kindergarten, but M.R. wanted the boy to split his time between both locations so that he would be enrolled in two schools.

R.S. requested primary physical custody, which the trial court granted. The judge found the father’s more flexible schedule and the fact C.S. has lived in Bloomington his whole life in support of his decision. The judge also concluded that beginning kindergarten in 2011 – instead of waiting another a year as M.R. later argued – was in C.S.’ best interests.

The COA affirmed the trial court’s finding that C.S.’ academic needs and abilities have substantially changed and he has reached an age that warrants a change in physical custody. That change is clearly in C.S.’ best interests, wrote Judge Carr Darden.

The judges also found the trial court didn’t misinterpret Indiana Code 31-17-2-21.3, which outlines factors surrounding custody and active duty service. M.R.’s service doesn’t show the impermanency contemplated in the statute, wrote the judge, as she cannot be deployed to a combat zone.

The trial court didn’t err in relying on an updated custody evaluation.

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  1. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  2. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  3. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  5. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

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