(Download) "Mark Wojcik v. Dr. Rodolfo Almase" by Third District Court of Appeals of Indiana # eBook PDF Kindle ePub Free
eBook details
- Title: Mark Wojcik v. Dr. Rodolfo Almase
- Author : Third District Court of Appeals of Indiana
- Release Date : January 11, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
In this paternity action, the petitioner-appellee, Dr. Robert F. Lebow, M.D., (Father), filed his petition to establish paternity, alleging he was the father of Naomi Gertrude Lebow (Daughter), who was born on January 12, 1983 to the respondent-appellant, Dr. Linda D. Joe, M.D., (Mother). The parents stipulated Fathers paternity of Daughter, and Father did not contest legal custody, which was then awarded to Mother. Aside from the petitions for contempt citation that each parent filed against the other, the only seriously disputed issue at the final hearing was Fathers visitation with Daughter, an issue complicated by Mothers move during the pendency of trial from Indianapolis, Indiana, where Father resides, to the Washington, D.C. area. Daughter, who was twenty-two months old and suffering from a neuromuscular disorder at the time of trial, moved with Mother. The Judge of the Marion Superior Court (Juvenile Division) essentially approved the visitation schedule suggested by Father and entered a permanent order providing that, in 1985 and each odd-numbered year thereafter, Father was to have visitation for twelve two-week periods, beginning on the first Saturday of each and every month. In 1986 and even-numbered years thereafter, Fathers two-week visitation periods were to begin on the third Saturday of each month. Father was to pick Daughter up and return her to Mothers custody and to pay all transportation expenses incurred in the exercise of his visitation rights. Mother brings this appeal, alleging the trial courts visitation order was in excess of the courts discretion. We agree. We find the order to be illogical, unworkable, contrary to the fixed policy of this state that a permanent residence is in a childs best interests, and unsupported by evidence to show why that policy should not be followed in this case. Furthermore, we believe the practical effect of the visitation order would be to undermine Mothers statutory right as custodial parent. Therefore, we reverse.
 "Mark Wojcik v. Dr. Rodolfo Almase" by Third District Court of Appeals of Indiana # eBook PDF Kindle ePub Free){kind=link}