Court of Appeals of Indiana Affirms Trial Court’s Decision to Modify Custody of Child from Mother to Father After Mother Repeatedly Refused to Inform Father of Major Decisions Regarding Child’s Education and Medical Treatment

In a recent Court of Appeals case from August 30, 2016, In Re the Paternity of: L.S., the Court of Appeals of Indiana upheld the trial court’s decision to modify custody of the minor child from Mother to Father.

Mother was awarded sole legal custody and primary physical custody of the child during the paternity. Mother repeatedly made decisions about the child’s educational upbringing and medical treatment without first informing the Father, which the trial court looked negatively upon.

At the trial, the Custody Evaluator testified that one parent should have custody, but did not recommend one parent over the other. The Parenting Time Coordinator testified that the parents could not communicate and that Father was more likely to include Mother in the major decisions about medical, education and extra-curricular activities.

The trial court awarded Father sole legal custody of the child, with both parties sharing equal parenting time. Mother appealed. The Court of Appeals upheld the trial court’s decision.