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Participation in travel soccer league supports modifying custody

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The Indiana Court of Appeals reversed the denial of a mother’s request to modify a custody order entered in 2007 when her children were in grade school, finding their participation in travel soccer leagues and the distance between the parents’ homes warrants a change.

The court also noted how the guardian ad litem on the case believed if the custody arrangement wasn’t modified, it would “irreparably harm” the father’s relationship with his two children.

The arrangement in place between mother L.C. and father T.M. had the children spending Mondays, Tuesdays and alternate weekends with their father in Mooresville. The mother lived in Carmel, where the now teens are enrolled in school and play in travel soccer leagues. Also as part of the custody order, mother is to enroll the children in spring sports and father to enroll them in fall sports.

L.C. signed her son up for travel soccer in the spring of 2012; her daughter was already playing on Carmel’s travel team. She sought to modify the physical custody arrangement to better accommodate the children’s schedules, travel distance and difficulties the kids had when staying with their father. They felt they were treated worse than their step-siblings.  

The trial court ruled the mother’s enrollment of her son in the travel league that lasted an entire year violated the custody arrangement that mother enroll the children in spring sports and father enroll them in fall sports. It also held she didn’t prove a substantial change had occurred to warrant modification.

“In our view, the trial court’s determination that the parties should remain bound to their shared physical custody arrangement, despite the intervening changes that affect the children’s welfare and best interest, cannot stand,” Judge John Baker wrote in In Re: the Marriage of L.C. v. T.M., 32A01-1303-DR-91. The judges remanded for an order to be entered based on the evidence presented that modifies the custody arrangement in accordance with the children’s best interests.

The appellate court also noted it was mindful of the recent Indiana Supreme Court decision in D.C. v. J.A.C., 977 N.E.2d 951, 956 (Ind. 2012), that admonishes against appellate reversal of custody orders and reminds that great deference should be afforded to trial courts in custody matters. But, Baker wrote, the court doesn’t believe that the rationale in the opinion stands for the idea that an appellate court is unable to reverse decisions that do not serve the best interests of the children and promote stability.
 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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