In its recent decision, in a divorce case out of Clark Circuit Court, the Indiana Court of Appeals reversed the trial court’s decision to modify custody to Mother.

In the divorce, Father was granted sole legal custody of the minor child. Father later filed a restraining order on Mother because her live-in boyfriend had two previous battery convictions. Father claimed that Mother’s boyfriend had physically abused the minor child. Mother later filed for a modification of custody of the child which was granted by the Clark Circuit Court. Father was granted distance-related parenting time with the minor child.

The Indiana Court of Appeals noted that the trial court failed to state in its order which circumstance had substantially changed under Indiana Code 31-17-2-8 in order to warrant the custody modification and that there was not enough evidence to warrant the change of custody. Thus, they reversed the trial court’s decision and remanded custody back to Father.

Reminder: If you follow the Indiana Parenting Time Guidelines, the non-custodial parent gets to exercise parenting time on Labor Day this year. This holiday parenting time starts Friday, September 2, 2016 at 6:00 p.m. and runs through Monday, September 5, 2016 at 7:00 p.m.

Have a fun and safe Labor Day!

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.

Lindsay M. Franklin is excited to announce the opening of her new firm, located at 202 West Berry Street, Suite 500, Fort Wayne, Indiana 46802. She is accepting new clients.