Sabo vs. Sabo

Custody Relocation - published opinion by Indiana Court of Appeals


Kena represented Mother in a post-divorce case RE custody modification & relocation. Parties divorce decree (by agreement) stated that the parties would share physical custody of the child 50/50; and then, when the child became school age, one parent was to have custody during the school year, and the other to have custody during the summer. The order did not specify which parent would have school year vs summer custody. Until the child started school, the parties did, in fact, share custody equally. When the child started school, the parties agreed Father would have custody during the school year and Mother would have custody during the summer. The parties shared physical custody in this way for several years. When the child reached the age of 11, she expressed interest in changing the physical custody arrangement so that she would spend the school year with Mother and the summer with Father. The parties did not agree on modifying the custody arrangement and accordingly, Mother filed a petition to modify custody and to relocate with the child to Germany (Mother was in the U.S. Air Force). The trial judge ordered that Mother was permitted to relocate to Germany with the child during the school year and that Father would have the child during the summer. However, because the parties’ original order stated that the parties were to share joint physical custody (equally until the child started school, then with one parent during the school year and the other during the summer), although the judge awarded Mother the parenting time arrangement she requested, it was determined that because of the way the original order was written, it was not required that the original order be modified. Therefore, the court denied Mother’s petition to modify custody, but awarded her the school year parenting time that she requested.

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Reference Info:Decision | State, 7th Circuit, Indiana | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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