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Justices: COA overreached on reversing trial court custody ruling

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The Court of Appeals got it wrong when it reversed a trial court custody modification in favor of a child’s father, the Indiana Supreme Court ruled Tuesday in one of the first opinions joined by Justice Loretta Rush.

“We reiterate that in family law matters, trial courts are afforded considerable deference. Here, the trial court’s judgment was well supported by the findings, and neither the judgment nor the findings were clearly erroneous,” Justice Steven David wrote in a 5-0 decision in D.C. v. J.A.C., 32S04-1206-DR-349. “Applying the highly deferential standard of review, we affirm the trial court.”

The case involved mother D.C. and father J.A.C. After the couple divorced in 2008, they had an agreement for shared custody of a son born in 2003. In July 2010, the mother filed a motion to relocate, and while the motion was pending, she moved to Tennessee, where she had secured a better-paying job in the medical profession.

The trial court ultimately granted the father’s motion to modify custody and prevent child’s relocation, awarding him primary custody and allowing the mother visitation during school breaks and when she was in central Indiana. D.C. moved back to Indiana and appealed.

The trial court held that it was in the child’s best interests to remain in the state because of the father’s significant involvement in his daily activities and education, as well as the involvement of the child’s extended family.

A panel of the Court of Appeals overturned the trial court’s best-interest findings based in part on the mother’s improved employment and salary increase. But the justices said the appellate court erred by not showing proper deference to the trial court’s best-interest findings.

“The trial court conducted the evidentiary hearing over two days. It heard the testimony of ten witnesses, including the [guardian ad litem], who testified that he believed relocation was not in the best interest of child,” David wrote.

“Contrary to the Court of Appeals’ assertion, the trial court here did not base its conclusion that relocation was not in the best interest of child solely on the fact that father would not have as much contact with child. We agree with the Court of Appeals that there is no blanket rule that a relocation that deprives a parent of time with a child is always against the best interest of the child. But a trial court can, and in fact must, take into account the child’s relationship with parents,” according to the ruling.

“Although an appellate court in this case may be able to reach a different conclusion from that of the trial court, doing so would involve reweighing the evidence, which is not permitted.”   

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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