Marriage Marilee L. Henderson (Petitioner - Fourth District Court of Appeals of Indiana

Marriage Marilee L. Henderson (Petitioner

By Fourth District Court of Appeals of Indiana

  • Release Date - Published: 1983-08-31
  • Book Genre: Law
  • Author: Fourth District Court of Appeals of Indiana
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Marriage Marilee L. Henderson (Petitioner Fourth District Court of Appeals of Indiana read online review & book description:

Appellant Marilee Henderson Rich (Marilee) appeals from the denial of her motion under Ind. Rules of Procedure, Trial Rule 60, for relief from a judgment which had transferred custody of her three minor children to their father, appellee James Edward Henderson, Jr. (James). Marilees marriage to James was dissolved July 18, 1980, and Marilee was granted custody of the parties three minor children.(Julie, then age 8, Ann, age 7, and Douglas, age 4). Little more than a year after the divorce, however, the court granted Jamess motion to modify the custody decree and awarded custody of the children to him. This modification forms the basis for the instant appeal, wherein Marilee asserts she was not given notice of any hearing on Jamess petition to modify and, further, that an evidentiary hearing, required by law, was not held. Because the court failed to fix a hearing date on Jamess motion to modify custody then before it and give notice thereof to Marilee, we must reverse. We also agree with Marilees contention that a court may not summarily modify custody without evidence supporting such modification.

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