D.C. v. J.A.C.
977 N.E.2d 951
| Ind. | 2012Background
- Mother and Father married in 1997; their son was born in 2003.
- In 2008 they divorced with Mother having primary physical custody subject to Father’s parenting time.
- In 2010 Mother sought to relocate out of state with Child; trial court denied temporary relocation order and Child returned to Indiana.
- Father filed to modify custody and prevent relocation; GAL supported Father’s position that relocation was not in Child’s best interests.
- Two-day evidentiary hearing held; trial court granted Father’s modification and prevented relocation; Court of Appeals reversed.
- Indiana Supreme Court granted transfer and affirmed the trial court’s decision, upholding deference to trial court in family matters.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is relocation in Child's best interests? | Father argues relocation would harm Child's relationships and daily life; best interests favor staying in Indiana. | Mother argues relocation is in good faith for legitimate reasons and feasible with adjustments. | Relocation not in best interests; uphold trial court. |
| Was the trial court’s factual and credibility finding clearly erroneous? | Father contends trial court erred in its weighing of evidence and credibility. | Mother asserts trial court’s findings are supported by the record and credible. | No clear error; findings supported and affirmed. |
| Did relocating parent prove good faith and legitimate reason for relocation? | Father contends Mother’s motives outweigh; good faith shown primarily by employment gain. | Mother argues legitimate purpose exists and is supported by evidence. | Mother’s relocation shown to be in good faith with legitimate purpose. |
| Is appellate deference properly applied in custody/relocation decisions? | Father asserts Court of Appeals failed to give proper deference to trial court. | Mother contends appellate review correctly applied clear-error standard with deference to trial court. | Supreme Court affirms deference; not de novo review. |
Key Cases Cited
- Baxendale v. Raich, 878 N.E.2d 1252 (Ind.2008) (factors affecting best interests; deference in custody cases)
- Best v. Best, 941 N.E.2d 499 (Ind.2011) (trial court credibility and deference in family matters)
- Yanoff v. Muncy, 688 N.E.2d 1259 (Ind.1997) (clear-error standard; appellate review of findings)
- Brickley v. Brickley, 210 N.E.2d 852 (Ind.1965) (substitute judgment limitation; credibility assessment)
- T.L. v. J.L., 950 N.E.2d 779 (Ind.Ct.App.2011) (recognizes relocation impact on parent-child relationships)
- Lamb v. Wenning, 600 N.E.2d 96 (Ind.1992) (addressing relocation effects on older children)