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Text messages properly admitted in custody dispute

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The Indiana Court of Appeals held Wednesday that evidence presented during a custody modification hearing laid a sufficient foundation for the admission of text messages between the mother and father.  

Father R.B. appealed the order modifying custody visitation and support of his son B.B. with T.J. The two had joint physical and legal custody of the boy, but after R.B. intended to relocate from Kokomo to Westfield, mother T.J. sought modification based on a substantial change in circumstances. She alleged R.B. lost interest in the boy after he had another child, his use of alcohol impedes his ability to drive and care for their son, and he had cut off communication with her.

At the hearing, mother presented text messages she printed off her phone that were between her and R.B. He challenged the introduction of the text messages, which he claimed played a role in the court’s decision to modify custody. He doesn’t argue the messages weren’t exchanged between the two, but that he believed T.J. deleted certain messages in order to make her the more sympathetic figure. But R.B. never directed the court to any part he believed content was missing, nor did he try to admit evidence of deleted text messages, Judge Elaine Brown wrote in In Re The Paternity of B.B., R.B. v. T.J., 34A02-1303-JP-243.

“To the extent that he suggests that, without the purported omitted text messages, a misleading impression was created, we note that he did testify on the second day of the hearing that he believed certain text messages were not contained in the exhibit, the court heard Father’s testimony, and we cannot say that the court failed to account for such testimony,” she wrote.

“The trial court was able to listen to the testimony and evidence presented and weigh the credibility of the witnesses, including evidence regarding the parents’ communication with one another as well as evidence that Father had been recently convicted for OWI, and that Father filed a CPS report implicating Mother’s boyfriend which was unsubstantiated. The court ruled that Mother was in the best position to act as B.B.’s primary caretaker and awarded her physical custody. After review, we cannot say that the court’s findings or conclusions were clearly erroneous, and we conclude that the court did not abuse its discretion in granting Mother’s petition to modify custody.”
 

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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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