Justices uphold modification of physical custody to father

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A majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to support the modification.

Chief Justice Randall T. Shepard and Justices Brent Dickson and Robert Rucker upheld the trial court’s modification of physical custody of the daughter to her father, Russell Best. Russell and Mariea Best divorced in 2004 and had several disputes regarding custody, parenting time, and support since that time. Russell petitioned for a custody modification in 2008 after asserting Mariea didn’t comply with a 2007 court-approved agreement. Mariea responded with her own modification petition and Russell filed an emergency petition for contempt claiming Mariea denied him parenting time with their son. She also filed an emergency petition for temporary custody of their son. After a hearing, Mariea was found in contempt and ordered to return the son to Russell.

After a hearing by Special Judge Rebecca McClure, the court granted Russell’s petition to modify custody and awarded him sole legal and physical custody of their two children, denied Mariea’s petition for modification and contempt, and found her to be in contempt for not paying attorney fees.

The Indiana Court of Appeals rejected Mariea’s claims that the trial court erred in refusing her request to order a custody evaluation and that the trial court didn’t properly modify legal custody of M.B. The appellate court reversed the finding of contempt but affirmed the trial court’s decision to reduce to judgment the unpaid attorney fee obligation. The majority of justices summarily affirmed these decisions by the Court of Appeals and only addressed Mariea’s challenge to the modification of her daughter’s physical custody.

The majority found Judge McClure made the necessary findings that there had been a substantial change in one or more of the statutory factors in Indiana Code Section 31-17-2-21 and that the modification of physical custody was in M.B.’s best interests.

They also declined to reweigh the evidence. Mariea argued that various items of evidence supported her position.

“In summary, sufficient findings were made to support the trial court's decision to modify the physical custody of M.B. And because the mother does not establish a complete absence of evidence supporting the trial court's denial of the mother's request for full physical custody of M.B., we decline to reverse the denial. We find no error in the trial court's decision to place M.B.'s primary physical custody with the father, subject to its specifications of parenting time, which are not challenged,” wrote Justice Dickson.

Justice Frank Sullivan dissented and would deny transfer, believing the decision of the Court of Appeals was correct. Justice Steven David did not participate.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues