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Tuesday, August 25, 2009

Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)

For publication opinions today (1):

In In the Matter of the Paternity of J.J. v. Wess A.J. , an 11-page opinion, Judge Mathias writes:

Garnet S. (“Mother”) appeals the Carroll Superior Court's modification of physical custody of her minor child to Wess J. (“Father”). She raises two issues, but we address only the following dispositive issue: whether the trial court abused its discretion when it modified custody because of Mother's relocation without considering all of the factors as required under Indiana Code section 31-17-2.2-1(b). Concluding that the trial court was required to hear evidence on and consider all of the factors enumerated in section 31-17-2.2-1(b), we remand for proceedings consistent with this opinion. * * *

The parties proceeded pro se at the custody hearing, and both failed to present evidence on each of the statutory factors. There is scant evidence in the brief record regarding the parties' respective financial circumstances. Moreover, the parties did not present evidence addressing the hardship and expense involved for Father to exercise parenting time and the feasibility of preserving the relationship between Father and J.J. through suitable parenting time.[3]

Because the record before us does not lead us to the conclusion that the parties or the trial court fully considered the enumerated factors listed in section 31-17-2.2-1(b), we remand this case to the trial court with instructions to conduct another hearing on Father's motion to modify custody and to hear evidence on each of the statutory factors. Absent exigent circumstances, the court shall order the parties to maintain the status quo pending the outcome of a new hearing.
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[3] We encourage parties facing issues involving the custody of children to obtain counsel to aid in the litigation of custody disputes. Because the court's order has such a profound effect on the lives of the parties and their children, we cannot emphasize enough the importance of presenting sufficient evidence and developing an adequate record.

NFP civil opinions today (0):

NFP criminal opinions today (6):

Destin Quinn Bray v. State of Indiana (NFP)

William Andrews v. State of Indiana (NFP)

Jeremy H. Lee v. State of Indiana (NFP)

James Allen Lee v. State of Indiana (NFP)

Christopher Hampson v. State of Indiana (NFP)

D.D. v. State of Indiana (NFP)

Posted by Marcia Oddi on August 25, 2009 11:52 AM
Posted to Ind. App.Ct. Decisions