Thursday, May 24, 2007

Child custody: remember this about appeals

From today's Indiana Court of Appeals opinion in In Re the Marriage of Hugo M. Galicia v. Sherry Ann Babbs (NFP):

We are reluctant to reverse a decision concerning child custody unless the determination is clearly erroneous and contrary to the logic and effect of the evidence.
Put simply in plain English: so long as the facts in the case make the court's decision sensible, the Indiana Court of Appeals is not going to overrule the trial court.

For practical purposes, when appealing a custody case you had better have a case where the judge's decision runs so counter to the facts that the decision makes no sense.

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