ILNews

Participation in travel soccer league supports modifying custody

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT