In Re The Paternity of B.B., R.B. v. T.J.
1 N.E.3d 151
| Ind. Ct. App. | 2013Background
- B.B. was born out of wedlock to Mother and Father; paternity affidavit signed the day after birth.
- Initial custody order in 2011 awarded joint legal custody and equal parenting time.
- Father relocated to Westfield, enrolled B.B. in a different school without consulting Mother, prompting a modification petition.
- Mother filed a petition to modify custody citing substantial changes, including communication breakdown and changes as B.B. neared school age.
- The court conducted hearings in January 2013 and issued a Modification Order awarding Mother primary physical and legal custody with Father’s parenting time under guidelines.
- Text messages between Father and Mother were admitted as evidence to support the modification, raising authentication issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Text Messages were properly authenticated | Father contends text messages were unauthenticated and incomplete. | Mother contends messages are authentic, representing communications between the parties. | Text Messages admitted; sufficient foundation and authentication found. |
| Whether modification of custody was an abuse of discretion | Father argues findings relied on erroneous evidence and overemphasized the text messages; argues no substantial change. | Mother contends substantial changes and communication failures justify custodial modification. | Modification affirmed; court did not abuse discretion. |
Key Cases Cited
- Cain v. Back, 889 N.E.2d 1253 (Ind. Ct. App. 2008) (abuse of discretion standard for evidentiary rulings)
- Gomez v. Gomez, 887 N.E.2d 977 (Ind. Ct. App. 2008) (supporting basis to sustain admission of evidence)
- Hape v. State, 903 N.E.2d 977 (Ind. Ct. App. 2009) (textual authentication of evidence)
- Lewis v. State, 754 N.E.2d 603 (Ind. Ct. App. 2001) (doctrine of completeness; Rule 106)
- Norton v. State, 772 N.E.2d 1028 (Ind. Ct. App. 2002) (completeness principle applied to evidence)
- Thomas v. State, 734 N.E.2d 572 (Ind. 2000) (authentication by reasonable probability standard)
- Kirk v. Kirk, 770 N.E.2d 304 (Ind. 2002) (deference to trial court in custody matters; standard of review)
- Yanoff v. Muncy, 688 N.E.2d 1259 (Ind. 1997) (clear error standard for findings of fact)