Jennifer Sanders v. Bryan Sanders (mem. dec.)
42A01-1606-DR-1340
| Ind. Ct. App. | May 30, 2017Background
- Parents divorced in 2011; final settlement gave Father primary physical custody of daughter (then under 3) and equal parenting time documented in a 2011 calendar; joint legal custody.
- Mother moved to Michigan; Father remained in Sandborn, Indiana and later remarried; daughter attended North Knox (Indiana) schools and was reported well-adjusted and excelling.
- Mother filed multiple motions to modify custody (2012, 2014), seeking primary physical custody so daughter could attend Michigan’s balanced-calendar school; GAL initially recommended against modification (2013) but later recommended mother as primary during school year (2015–2016).
- The trial court scheduled a hearing; parties and counsel agreed to a summary procedure, the court met with the GAL, received documentary exhibits, and allowed proposed orders rather than a full evidentiary trial; Mother did not object or present testimonial evidence.
- Trial court issued detailed findings applying the statutory custody factors, concluded the balanced school calendar alone did not constitute a substantial and continuing change in circumstances, found Mother had not met her burden, and denied the modification.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father/Court) | Held |
|---|---|---|---|
| Whether Mother was denied due process by denial of a full evidentiary hearing | Mother contends trial court erred by resolving motion without full evidentiary hearing and without cross-examination of GAL’s supplemental report | Father/court: Mother waived right to full hearing by failing to object and by presenting no evidence; GAL reports and exhibits were submitted; summary procedure was appropriate | Court held Mother waived objection to summary procedure by failing to object at hearing; consideration of GAL supplement was permissible and harmless |
| Whether Mother proved a substantial and continuing change in circumstances to justify custody modification | Mother argues Michigan’s balanced school calendar and her changed work schedule justify modification and are in child’s best interest | Father/court: School-calendar difference alone does not alter statutory factors; daughter thriving in current school; remarriage and communication lapses do not show substantial change warranting modification | Court held Mother failed to meet burden; evidence did not unerringly require modification; denial affirmed |
Key Cases Cited
- Bogner v. Bogner, 29 N.E.3d 733 (Ind. 2015) (summary proceedings may be waived if party fails to object and does not present contrary evidence)
- Wilson v. Myers, 997 N.E.2d 338 (Ind. 2013) (trial court must show consideration of statutory custody factors; reversal warranted where order lacks findings and children lacked representation)
- Kirk v. Kirk, 770 N.E.2d 304 (Ind. 2002) (appellate deference in family law; reversal of custody determinations only when clearly erroneous)
- Heagy v. Kean, 864 N.E.2d 383 (Ind. Ct. App. 2007) (burden on moving parent to show substantial change in circumstances for custody modification)
- Stone v. Stone, 991 N.E.2d 992 (Ind. Ct. App. 2013) (role and effect of special/sua sponte findings; general-judgment standard where findings are absent)
- D.C. v. J.A.C., 977 N.E.2d 951 (Ind. 2012) (appellant must show evidence positively requires the result; mere possibility is insufficient)