IC 31-17-2-8 Custody order Sec. 8

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I told you I would find a use for this bag!

Skipah is holding his own little pre-law class this evening after two days of legal research with Hammy and various others all around the country.  Big shout out to the south region (non Texas division) of Skipah’s Army for the legal help the last two days.  The following is the criteria a judge in Indiana is SUPPOSED to use when determining whether to grant a change of residency.  Feel free to argue or debate me on any of these points if you disagree.

IC 31-17-2-8 Custody order Sec. 8.

The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:

(1) The age and sex of the child.

(2) The wishes of the child’s parent or parents.

(3) The wishes of the child, with more consideration given to

the child’s wishes if the child is at least fourteen (14) years of age.

(4) The interaction and interrelationship of the child with:

(A) The child’s parent or parents;

(B) The child’s sibling; and

(C) Any other person who may significantly affect the child’s

best interests.

(5) The child’s adjustment to the child’s:

(A) Home;

(B) School

(C) Community.

(6) The mental and physical health of all individuals involved.

(7) Evidence of a pattern of domestic or family violence by

either parent.

(8) Evidence that the child has been cared for by a de facto

custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.

As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.7;

P.L.133-2002, SEC.32.

 

Let’s break it down Skipah style:

  1. She is seven and a girl. She’s also has the mind of a young adult and thrives in her current setting, and absolutely kicks ass in school.
  2. This one is rather obvious I don’t want her moving to Kentucky her mom does.
  3. Sloane is brighter than probably 75% of the 14 year olds in the state of Kentucky; however, she is only seven and is not getting a chance to have her voice heard. She is on record with me, and two out of the three living grandparents as wanting to stay here and attend her current school.
  4. (A) Her parents hate each other, I tried for the past year but common sense checked out with her some time in 2013. She hides behind her lawyer, stone walls me all she can on anything concerning Sloane, and I think she has only not become abducted by aliens because they hung no vacancy signs on their planet when they heard she was available. (B) Only child-not applicable.  (C) Let’s see until I separated Sloane stayed one weekend a month with my mother, my ex in-laws have been her primary child care provider for most of her life.  None of us live in Kentucky or have any desire to.  If I lose Monday and have to accept a whopping six days a month with my daughter while school is in session I guess it will be up to me to make sure Sloane continues what is “normal” for her and seeing all of her grandparents.  Totally fair, said no one ever!  Plus my ex has become an introvert is on record with Sloane of not interacting with anybody that “likes” me.  I have numerous witnesses that have heard this come out of Sloane’s mouth.  This would be other parents and her school community along with my own family.  Hell my own ex father in law gets her full wrath any time he so much says hello to me and it’s his daughter!
  5. (A) The child’s home well let’s see I’m her dad, she was born here, all of her friends are here, and all of her family is here.  With her mom she is in the middle of nowhere (but they do have a Walmart), has zero support group and gets to live with a proven deadbeat step parent. (B) School is a no-brainer…current school is one of the best in the state of Indiana.  Kentucky option barely tests above fifty percent in reading and math.  I don’t have empirical evidence in front of me but I heard a rumor they have a kick ass synchronized tractor dancing squad so at least they have that going for them.  (C) Community….um I have a feeling the ex doesn’t even know her neighbors name so you can be sure Sloane knows NO ONE there.  Here she is beloved by anybody that comes in contact with her.  Her friends, other parents, and her whole school community.  She’s active in Brownies and various youth sports in this area.  This is her community!
  6. Mental Health…I’m of sound mind and body (shut up Rosy), her do I need to say more?
  7. No abuse to report for either, we can call this one a draw. That is a good thing, although she did try to pin a nasty bruise Sloane developed on me.
  8. Not applicable.

So that is how the state law reads, I don’t think you have to be managing editor of the Harvard Law Review to see that Sloane should not have to leave the state.  Never mind the state law that reads I am supposed to receive 90 days’ notice of an intention to relocate I got a whopping 62!

About it for now, Hammy has hit the vodka a little too hard this evening and is recreating scenes from A Few Good Men again even though I told him this is a different kind of court.  Hopefully the ex Monday gets to learn she “Can’t handle the truth!

 

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24 Comments

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  5. I really feel for you on this one. I was lucky that we were somehow able to agree outside of court…keeping all my fingers and toes crossed you get a sane judge.

  6. What in the hell is wrong with that woman, and people like her? God bless you, Skipah, I’m rootin’ for you. Ok, that came out “rottin” first but at least it wasn’t ‘rutting’. Anyway, this sucks, you need to win this.

  7. Where to start, where to start. First, I’m going to be sending you all the prayers and thoughts I can. Secondly, this just SUCKS. Why anyone would try to uproot a child from her home, school and community to serve themselves? I so hope you prevail. Divorce is tough enough on a child without having an extreme move to content with.

  8. So, the list for the IC 31-17-2-8 Custody is all that the court and judge will require? This is something quite interesting to know and probably share to my sister. Later today she’ll be talking to a family lawyer about getting child custody for her son.

  9. I’m nervous for you. I’ll be saying a few prayers on Sloane’s behalf that she doesn’t get uprooted from her community.

  10. This blog was about as exciting as my date last night. 😉

    Hope you have fun tonight with Ms Perry! Can’t wait to hear how it goes!

    Xoxo

    Jules

    PS Nadia is on standby in case the date goes poorly. She has a new 5th of Jack ready to deliver. She usually wears a trench coat on such deliveries, which I don’t understand bc it’s so hot outside.

  11. I really do hope Sloane stays here with you. You both are one of the best father-daughter duo I’ve seen anywhere 🙂 My prayers are with you both <3

  12. Court is stressful, especially with an issue that’s so important. Try not to be nervous. Never get angry or make an outburst in the courtroom (or pick your nose).

    Anything you say is put on the record. Talk to your lawyer but let your lawyer do the talking in court. Lawyers and judges have a language that only they understand.

    Judges demand respect (and need it to feel good about themselves), but bowing to the judge is inappropriate. You may address him or her as “Your Honor,” but “Your Highness” is inappropriate (and might be considered sarcastic).

    Good luck. 🙂

  13. All signs point to Mr. Mathews as the obvious choice here. Just need to make sure the judge is of sound mind too!

  14. I would definitely say the law is on your side. The question is, will the judge follow the law?

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