Fox v. Fox, 4-1283
| Docket Nº | No. 4-1283 |
| Citation | 466 N.E.2d 789 |
| Case Date | August 09, 1984 |
| Court | Court of Appeals of Indiana |
Page 789
v.
John D. FOX, Appellee (Petitioner Below).
Third District.
Page 790
Ihor N. Boyko, Indianapolis Legal Aid Society, Inc., Indianapolis, for appellant.
Winston T. Hay, Wunder & Hay, Indianapolis, for appellee.
HOFFMAN, Judge.
The marriage of John D. and Loretta S. Fox was dissolved on August 23, 1983. Both parties sought custody of their minor child, Melinda. However, in the trial court's order of August 23, it made Melinda a ward of the Marion County Department of Public Welfare. The parties contend that the trial court's action was contrary to law.
This Court's standard of review in custody matters is well settled. The manifest abuse of discretion standard is applicable to cases involving the award of and modification of child custody. It is within the discretion of the trial court to award the custody of children consistent with their best interests. An abuse of discretion that would permit an appellate court to reverse a trial court's determination must be an erroneous conclusion reached by a trial court which is clearly against the logic, facts, and circumstances before the court or reasonable inferences to be drawn therefrom. Deference must be given by the reviewing court to the trial court due to the fact it is in the position to judge the demeanor and credibility of witnesses. Williams v. Trowbridge, (1981) Ind.App., 422 N.E.2d 331.
Page 791
Indiana recognizes the common-law rule that the natural parents of a minor child are entitled to custody of the child, unless they are unsuitable to be entrusted with the care of the child. Williams, supra. The question of whether the evidence was sufficient to rebut the presumption that it is in the best interests of the children to be placed in the custody of a natural parent is a question of fact for the trial court to determine and not one for the reviewing court. Kissinger v. Shoemaker, (1981) Ind.App., 425 N.E.2d 208.
The evidence in the case at bar was sufficient to support the trial court's determination. Both parties have alleged that the other abused Melinda. Loretta has accused John of sexually abusing the child and John has accused Loretta and her boyfriend of physically abusing the child. Loretta had lived in eight different places within two years, the longest being with her boyfriend at the time of the hearing. She had not been employed. John had...
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Sebastian v. Sebastian, No. 27A02-8702-CV-00085
...and demeanor, and hear their testimony, its decision receives considerable deference in an appellate court. Fox v. Fox (1984), Ind.App., 466 N.E.2d 789, trans. denied; D.H. v. J.H. (1981), Ind.App., 418 N.E.2d 286. Thus, we will reverse the trial court's custody determination only if it is ......
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Walker v. Chatfield, 49A04-8812-CV-00416
...316 N.E.2d 828; Hyatte v. Lopez (1977), 174 Ind.App. 149, 366 N.E.2d 676 (child custody in paternity case); Fox v. Fox (1984), Ind.App., 466 N.E.2d 789 (child custody under divorce statute). An abuse of discretion exists where the trial court's decision is clearly against the logic and effe......
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IN RE CUSTODY OF GJ, 79A02-0305-CV-450.
...378, 382 (Ind.Ct.App.1986) (holding trial court could award custody of child to grandparents in dissolution proceeding); Fox v. Fox, 466 N.E.2d 789, 791 (Ind.Ct. App.1984), trans. denied (1985) (rejecting argument of parties to dissolution action that trial court lacked jurisdiction to awar......
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Paternity of Joe, Matter of, 4-485A87
...discretion. See Hyatte v. Lopez (1977), 174 Ind.App. 149, 366 N.E.2d 676 (child custody in paternity case); Fox v. Fox (1984), Ind.App., 466 N.E.2d 789 (child custody under divorce statute, IC 31-1-11.5-21); In re Marriage of Larkin (1984), Ind.App., 462 N.E.2d 1338 (child visitation under ......
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Sebastian v. Sebastian, No. 27A02-8702-CV-00085
...and demeanor, and hear their testimony, its decision receives considerable deference in an appellate court. Fox v. Fox (1984), Ind.App., 466 N.E.2d 789, trans. denied; D.H. v. J.H. (1981), Ind.App., 418 N.E.2d 286. Thus, we will reverse the trial court's custody determination only if it is ......
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Walker v. Chatfield, 49A04-8812-CV-00416
...316 N.E.2d 828; Hyatte v. Lopez (1977), 174 Ind.App. 149, 366 N.E.2d 676 (child custody in paternity case); Fox v. Fox (1984), Ind.App., 466 N.E.2d 789 (child custody under divorce statute). An abuse of discretion exists where the trial court's decision is clearly against the logic and effe......
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IN RE CUSTODY OF GJ, 79A02-0305-CV-450.
...378, 382 (Ind.Ct.App.1986) (holding trial court could award custody of child to grandparents in dissolution proceeding); Fox v. Fox, 466 N.E.2d 789, 791 (Ind.Ct. App.1984), trans. denied (1985) (rejecting argument of parties to dissolution action that trial court lacked jurisdiction to awar......
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Paternity of Joe, Matter of, 4-485A87
...discretion. See Hyatte v. Lopez (1977), 174 Ind.App. 149, 366 N.E.2d 676 (child custody in paternity case); Fox v. Fox (1984), Ind.App., 466 N.E.2d 789 (child custody under divorce statute, IC 31-1-11.5-21); In re Marriage of Larkin (1984), Ind.App., 462 N.E.2d 1338 (child visitation under ......