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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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