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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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