Werner v. Werner
946 N.E.2d 1233
| Ind. Ct. App. | 2011Background
- Mother petitioned to dissolve marriage and relocate with two children 35 miles away; relocation granted with Father receiving parenting time.
- Final dissolution decree awarded joint legal custody and primary physical custody to Mother; court announced that future custody modifications would be governed by the best interests standard.
- At the custody hearing, no objection was raised to using the best interests standard; Guardian ad litem and other evidence described the children's schooling and welfare.
- The court ultimately found it would be in the children's best interests for Father to be primary residential custodian with Mother having parenting time.
- Mother appealed arguing (i) wrong standard was used and (ii) insufficient findings; the appellate court held waiver of the standard objection and that findings supported the decision under the best interests standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court used the wrong standard | Werner argues best interests misapplied | Werner contends best interests was proper given context | Waived; standard applied is affirmed |
| Sufficiency of findings under the best interests standard | Findings insufficient under best interests | Findings adequately support the custody decision | Findings sufficient; judgment affirmed |
Key Cases Cited
- Trout v. Trout, 638 N.E.2d 1306 (Ind. Ct. App. 1994) (waiver requires timely objection to trial rulings)
- Lamb v. Wenning, 600 N.E.2d 96 (Ind. 1992) (modification standard and reasonableness considerations in custody)
- Angleton v. State, 714 N.E.2d 156 (Ind. Ct. App. 1999) (waiver and fundamental error concepts discussed)
- A.L. v. Wishard Health Servs., 934 N.E.2d 755 (Ind. Ct. App. 2010) (fundamental error arguments and when raised)
- Julie C. v. Andrew C., 924 N.E.2d 1249 (Ind. Ct. App. 2010) (modification standards in custody)