Tuesday, February 08, 2011
Ind. Decisions - Supreme Court issues one opinion today
In Mariea L. Best v. Russell C. Best, a 6-page, 3-1 opinion, Justice Dickson writes:
In its resolution of intensely litigated post-dissolution motions on various issues primarily related to the custody of the parties' two children, a son, A.B., and a daughter, M.B., the trial court granted the father sole legal custody and primary physical custody of both A.B. and M.B. The mother appealed the decisions related to M.B., and the Court of Appeals affirmed in part and reversed in part in a memorandum decision. We now grant transfer and affirm the trial court's modification of physical custody. * * *
In summary, sufficient findings were made to support the trial court's decision to modify the physical custody of M.B. And because the mother does not establish a complete absence of evidence supporting the trial court's denial of the mother's request for full physical custody of M.B., we decline to reverse the denial. We find no error in the trial court's decision to place M.B.'s primary physical custody with the father, subject to its specifications of parenting time, which are not challenged. In all other respects the decision of the Court of Appeals is summarily affirmed. For these reasons, the judgment of the trial court is affirmed, except as to the finding that the mother is in contempt, which is reversed.
Shepard, C.J., and Rucker, J., concur.
Sullivan, J., dissents and would deny transfer, believing the decision of the Court of Appeals to be correct.
David, J., not participating.
Posted by Marcia Oddi on February 8, 2011 12:31 PM
Posted to Ind. Sup.Ct. Decisions