Yanes-Mirabal v. Badasay
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The Supreme Court reversed the determination of the trial court finding Mother in contempt of court and ordering that Father have sole legal and physical custody of the parties' infant child, holding that the court abused its discretion by conflating Mother's contempt of court with the best interest of the child.
Father filed a petition for rule to show cause alleging that Mother had violated a previous order by relocating the parties' child from Indiana. The trial court granted full relief to Father, finding Mother in contempt for relocating the child out of Indiana and for denying Father parenting time. The court then ordered that Father have sole legal and physical custody of the child. The Supreme Court reversed, holding that where Mother's alleged contempt appeared to be the catalyst for the trial court's order granting Father sole legal and physical custody, the trial court's order could not stand.
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