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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. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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