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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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