Ryan Gold v. Starr Weather

14 N.E.3d 836, 2014 WL 3882576, 2014 Ind. App. LEXIS 381
CourtIndiana Court of Appeals
DecidedAugust 7, 2014
Docket49A02-1311-JP-995
StatusPublished
Cited by15 cases

This text of 14 N.E.3d 836 (Ryan Gold v. Starr Weather) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ryan Gold v. Starr Weather, 14 N.E.3d 836, 2014 WL 3882576, 2014 Ind. App. LEXIS 381 (Ind. Ct. App. 2014).

Opinions

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Petitioner, Ryan A. Gold (Father), appeals the trial court’s Order approving the relocation request of Appellee-Respondent, Starr C. Weather (Mother), and denying his motion to modify custody.

We affirm.

ISSUES

Father raises two issues on appeal, which we restate as follows:

(1) Whether the trial court erred by finding that Mother’s relocation was made in good faith and for a legitimate purpose; and
(2) Whether the trial court erred by denying his motion to modify custody.

FACTS AND PROCEDURAL HISTORY

Father and Mother have one child together, a daughter, M.G. (the Child), born on August 7, 2008. Father works part-time and is a full-time student; he expects to receive his degree in occupational therapy by the end of 2014. Father lives in Indianapolis, Indiana, with his wife, W.G., a registered nurse. Father and W.G. have an eight-year-old daughter and a two-year-old son together. Mother is a registered nurse and, prior to July of 2011, lived in Terre Haute, Indiana, where her mother (Child’s Grandmother), fifteen-year-old sister (Child’s Aunt), and ten-year-old brother (Child’s Uncle) also lived.

At some point after the Child’s birth, the relationship between Father and Mother began deteriorating and eventually reached a very acrimonious state. The [838]*838Child was nearly eight months old before Father’s paternity was established by a paternity affidavit on March 30, 2009. Mother was the Child’s sole legal and physical custodian, and on September 9, 2009, Father filed a petition to establish custody, parenting time, and child support. On March 1, 2010, Mother filed a petition seeking an order for protection against Father’s wife, W.G., which the trial court denied.

On March 19, 2010, the trial court approved the parties’ preliminary agreement, under which Mother retained physical custody, and Father received parenting time. The parties agreed, in part, that only Father and Mother — no third parties — would transport the Child for parenting time exchanges. With Father living in Indianapolis and Mother in Terre Haute, the parties met in Greencastle, Indiana, to exchange the Child. Less than two weeks after implementation of the preliminary agreement, Father filed a contempt motion against Mother. A hearing was set for July, but on April 27, 2010, Father filed a subsequent verified emergency motion for rule to show cause. At a hearing on May 7, 2010, the trial court declined to find Mother in contempt, instead ordering that all non-emergency communication between Father and Mother must occur through email and that Father is entitled to eight full hours for his parenting time.

On September 16, 2010, per the parties’ agreement, the trial court issued an order recognizing Father as the Child’s biological father. The trial court awarded primary custody to Mother. Father received parenting time in accordance with the Indiana Parenting Time Guidelines and was ordered to pay $63.00 per week in child support.

On December 3, 2010, Mother filed for another protective order — this time, against Father. She alleged that Father had abused and raped her and that he was an endangerment to the Child. The trial court denied Mother’s petition, citing a lack of evidence to merit an ex parte protective order. Although the trial court extended Mother an opportunity to present additional evidence, Mother did not pursue the matter.

On Christmas Day of 2010, Father picked the Child up in Greencastle at 2:00 PM for his scheduled holiday parenting time, and the Child spent the remainder of the day celebrating with Father’s extended family in Indianapolis. The parties had planned to meet in Greencastle later that evening to re-exchange the Child, but for an indeterminate reason, the exchange did not occur. Father and Mother provided drastically different versions of the events that night, which the trial court ultimately reconciled to find that “a third party was involved in the parenting time exchange and there were issues with both parties being at the same spot, at the same time. Father did not drive to Terre Haute to return the [C]hild and Mother called the police, alleging Father kidnapped the [C]hild.” (Appellant’s App. p. 24). Indianapolis police officers retrieved the Child from Father’s home that night and turned her over to Mother.

Following the mayhem of the Christmas Day exchange, Mother denied Father access to the Child. Father sent numerous email messages to Mother and drove to the Greencastle exchange point on his scheduled days, but his efforts to see the Child were unsuccessful. On January 30, 2011, Mother finally communicated to Father that she was restricting his parenting time as a result of his “actions” on Christmas Day. (Appellant’s Exh. 1, p. 11). In her email, Mother further exclaimed,

You not only caused our [C]hild confusion[,] you also failed to do what was in the best interest of her.... You do not [839]*839pay child support nor have you in the past [six] months. I could have been fired for your actions. All you had to do is make a simple phone call. What you did was considered kidnapping! and not to be taken lightly.

(Appellant’s Exh. 1, p. 11). For the next five months, Mother withheld parenting time, and Father continued to protest her denial of his parental rights via email. At one point, Mother informed Father that they needed to make an appointment with a court mediator before she would allow parenting time, stating “I am afraid to be in ur (sic) presence as well as if my [C]hild will return home when leaving with you.” (Appellant’s Exh. 1, p. 12). On May 12, 2011, Father filed a verified motion for contempt.

On May 28, 2011, Mother sent an email to Father that stated, “I am sending this email to inform you of our ([the Child] and myself) intent to relocate to Atlanta[,] [Georgia], in July 2011.” (Appellant’s App. p. 41). Less than an hour later, Father replied to inform Mother that her email message was insufficient notice “[according to the [S]tate guidelines.” (Appellant’s App. p. 42). On June 8, 2011, having received no response from Mother, Father sent another email, stating that he did “not agree with [his] [C]hild being taken to another state where she has no family or familiar faces.” (Appellant’s App. p. 48). Mother finally responded later that day and provided additional details about the relocation. She explained that “[the Child] and mine (sic) immediate family are relocating to [the Atlanta] area. This is our support system; these people are apart (sic) of ou[r] every day (sic) life. They come to [the Child’s] events and are there when she is sick and provide lots of support for her and myself.” (Appellee’s Exh. B). Mother additionally discussed Father’s alleged domestic abuse, her concerns for the safety of the Child and herself, and Father’s “inability ... to return [the Child] after visits” as “[s]ome of the issues leading to this point.” (Appellee’s Exh. B).

On June 17, 2011, Mother filed her official notice with the trial court, declaring her intent to relocate to Stockbridge, Georgia, as of July 1, 2011, because

of our family relocation and job relocation. My mother as well as my siblings provide a very important role in [the Child’s] life. They help with all of [the Child’s] every day (sic) things.

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Cite This Page — Counsel Stack

Bluebook (online)
14 N.E.3d 836, 2014 WL 3882576, 2014 Ind. App. LEXIS 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-gold-v-starr-weather-indctapp-2014.