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Supreme Court of Indiana Opinions | | Yanes-Mirabal v. Badasay | | Docket: 20S-JP-554 Opinion Date: December 18, 2020 Judge: Steven H. David Areas of Law: Family Law | | The Supreme Court remanded this custody matter for further proceedings, holding that the trial court abused its discretion by conflating Mother's contempt of court with the best interest of the child. Father filed a petition to request DNA testing, establish paternity, physical custody, parenting time and child support. Later, the trial court found Mother in contempt for relocating the child out of Indiana and for denying Father parenting time. The court then ordered that Father should have sole legal and physical custody of the child. The Supreme Court reversed and remanded the matter for additional proceedings, holding that Mother's alleged contempt was not so severe as to remove the child from her care. | | |
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