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Trial court erred in denying dad custody vs. contemptuous mom

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Dave Stafford for www.theindianalawyer.com

The Indiana Court of Appeals bluntly reversed denial of a father’s petition for primary custody of his children, finding their mother undermined him and deprived him of court-ordered visitation.

In In re the Marriage of: Christopher Neal Maddux v. Suzanne Marie Maddux, 49A02-1409-DR-618, the court noted a record in which mother made multiple unsubstantiated abuse allegations, refused to turn the children over for visitation, and ultimately was found in contempt and ordered to pay some of her ex-husband’s legal fees.

Marion Superior Court denied father’s petition for custody modification, finding father had not proved that a change in custody was in the best interests of the children.

“After entering finding after finding illustrating Mother’s audacious and successful attempts to alienate Father from the Children, the trial court concluded that such conduct ‘does not warrant a change of custody,’” Judge Terry Crone wrote for the panel.

“Simply put, time is running out. These children, ages one and three at the time of the divorce, are now eleven and thirteen. They not only have been deprived of their relationship with Father but also have been relentlessly subjected to Mother’s jaded opinions of him and her egregious and unsubstantiated accusations against him. The overwhelming evidence and extensive findings of fact show a mother who has jeopardized her children’s emotional health in attempting to settle a score with their father,” Crone wrote.

“In ruling on Father’s petition for contempt, the trial court concluded that Mother had ‘irreparably harmed [the Children’s] emotional wellbeing.’ … However, in assessing the Children’s best interests, the court inexplicably concluded the opposite. The findings support the trial court’s conclusion of Mother’s irreparable harm to the Children; they do not support the trial court’s determination concerning best interests. The trial court clearly erred in concluding that the Children’s best interests do not warrant a change in custody.”

In addition to remanding for judgment in father’s favor on his petition for modification of custody, the court also ordered a new calculation of child support obligations and credit for support father overpaid.

Legislation aimed at improving patient care signed into law

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Authored by State Representative Ron Bacon (R-Chandler), two pieces of legislation aimed at improving patient care have been ceremonially signed into law by the governor.

 

House Enrolled Act (HEA) 1093 requires the Indiana State Department of Health to compile resources for parents, or expecting parents, that receive a test result for any prenatally diagnosed condition, such as Down syndrome. This information would then be distributed to parents by their health facility or health care provider. The resources provided would include hotlines, resource centers, websites and a brief description and contact information for state and local organizations that advocate for people with intellectual and other developmental disabilities.

 

“In Indiana alone, it is estimated that there are between 7,000-8,000 individuals with Down syndrome,” said Rep. Bacon. “In smaller, more rural communities, it was brought to my attention that many hospitals did not have the resources necessary to provide parents with information regarding their child’s diagnosis. This new law is designed to provide every parent with useful information that will allow them to make informed decisions for their family.”
The second piece of legislation signed by the governor was HEA 1157. This law defines “qualified dietician” and allows these individuals to order medically prescribed diets. Previously, after a patient was evaluated by other specialists, including a dietitian, and a medically prescribed diet was deemed necessary, a doctor had to write the order.

“By requiring a doctor to write the order for a medically prescribed diet, patient care was being delayed and precious resources wasted,” said Rep. Bacon. “Allowing dieticians to practice independently will improve patient care by allowing them to begin treatment sooner and will increase medical efficiency.”

 

A patient would still have to consult with a physician if they chose to see a dietitian outside of a hospital.

 

Visit iga.in.gov for more information about HEA 1093 and 1157.

 

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Rep. Bacon (R-Chandler) 

LETTER TO THE EDITOR ABOUT SCHOOL SYSTEM NEGOTIATIONS

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Dear Mr. Editor,
As our school year is about to begin, I am very concerned about the example
being set for our students by the behavior of the school superintendent in the
negotiations with the Teamsters Local 215 EVSC employees.
I have been following this story for two summers. I thought after the employees
voted overwhelmingly last summer to remain in the union his relationship with
these employees would move forward positively , but it appears things have only
gotten worse.
Parents and teachers today are constantly reminding kids that every word they
post on social media pages will remain there for all to see including future
employers. The same can be said for words printed in newspapers or uttered on
television.
Words do matter and we should be held accountable for them.
On August 24, 2014, after Teamsters Local 215 members voted overwhelmingly to
remain in the Union , EVSC Superintendent Dr. David Smith was quoted in the
Courier and Press as saying ,” I am always pleased when our employees have a
voice and they certainly have spoken. As we have said before, we will definitely
honor their wishes.”
This was after he gave two units of Teamsters Local 215 EVSC employees 24 hours
notice to vote again on union representation. He was consistently telling the
public, media and board members that a “fairly large” percentage wanted out of
the union. It was also stated that any “no shows” would be counted as votes
against union representation. The vote proved him wrong. Bus Drivers voted
120-27 and Secretaries 70-27 to remain in the Union. Imagine if our state and
national elections were managed like this.
On April 17, 2015, EVSC board president Mike Duckworth was quoted in the
Courier and Press as saying about the upcoming contract negotiations , “ I
think as long as we have dialogue and keep communicating ,keep talking, we can
disagree but we want to collaborate and see how we can make it better.”
Obviously when there are serious issues to be discussed involving a large number
of people the most important thing to do is remain in communication with all
entities for the sake of all voices being heard . Dr. Smith and the EVSC board‘s
approach was to not communicate with their constituents over this matter and
directed that all communication should be through the EVSC lawyer from
Indianapolis. This would be the same as teachers being told not to communicate
with parents and only do so through their lawyer?
Thankfully the board voted on July 27 to go back to the bargaining table. That
is the right decision. They need to stay at the bargaining table and work out a
fair contract for all concerned. Dr. Smith needs to honor the words he speaks.
His “my way or the highway stance” is not productive and provides a poor example
to the students we are all trying to teach.

Doris Williams

Gail Riecken Challenges Lloyd Winnecke To Debates In Their Contest For Mayor

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Gail Riecken Challenges Lloyd Winnecke To Debates In Their Contest For Mayor.

Evansville, IN – Mayoral Candidate Gail Riecken announced today that she has challenged Lloyd Winnecke to 3 debates in their contest for Mayor.

“I look forward to giving the voters the opportunity to hear us discuss the issues in an open and public debate,” said Riecken. “It is extremely important to the future of the city of Evansville that our next Mayor has a vision for a better city and an understanding of how to fix our problems. The voters should have the opportunity to learn all they can about the candidates in an open exchange of ideas.”

Gail Riecken is running for Mayor of Evansville and is a former Evansville City Council-woman, Evansville Parks Director, and a current member of the Indiana State House of Representatives. She is a lifelong Evansville resident, has been married for 46 years, and has 2 children and 3 grandchildren.

IS IT TRUE AUGUST 12, 2015

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IS IT TRUE  Mayoral Candidate Gail Riecken “Political Poll” is complete?  …confidential sources tell us that Mrs. Riecken is only behind by single digits?  ..the political spin Doctors in the Winnecke camp are claiming he has a 23% point lead?  …all we can say is get ready for a real knock down and in your face political campaign for the Mayor of Evansville?

IS IT TRUE that DMD is currently looking at the last 7 years for CDBG funds (Community Development Block Grant) that hasn’t been used over the last seven years?  DMD Director Kelley Coures announced he found an extra $300,000 while reviewing the CDBG account?  … we hear DMD have 3 more years to review?

IS IT TRUE  that $200,000  of these funds was used on Fulton Ave new sidewalks  project? … CDBG  paid for the $47,000 playground equipment located in the 2nd Ward.?  ,,,that $500,000 of this fund was use to build low income housing in the 6th Ward?

IS IT TRUE we predict the Mayor will make a well timed political announcement right before the election that he found additional $250,000 to spend on the North Main Bike Trail project?

IS IT TRUE we wonder who is responsible for the tracking of the CDBG funds at DMD ?  …they should be terminated immediately for being incompetent?

IS IT TRUE we highly recommend that you turn on Channel 44  News for professional,  accurate and non bias local news?  …News Co-Anchors Chris Cerenelli and Amanda Decker are really doing an impressive job in reporting the local news?  …Chad Evans is doing a super job reporting the local Weather?

Please take time and vote in today’s “Readers Poll”. Don’t miss reading today’s Feature articles because they are always an interesting read. New addition to the CCO is the Cause of Death reports generated by the Vanderburgh County Health Department.Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

ONE MAN BREAKING BAD

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ONE MAN BREAKING BAD
THE UNAUTHORISED PARODY
TUESDAY, OCTOBER 13 AT 7:00 PM TICKETS GO ON SALE FRIDAY, AUGUST 14 AT 10 AM

Victory Theatre becomes a stop for the hilarious One Man Breaking Bad Parody on October 13th.

Sixty Episodes. One Show. Yo! Join us on a rip roaring ride through the greatest television show ever made. LA actor Miles Allen smacks the senses with his super-charged, crazily accurate renditions of all the iconic characters, including Walter White, Jesse, Saul, Skyler, Hank, Walt Junior, Mike and Gus Fring. With over a million hits on YouTube, and sell- out runs at comedy festivals in Melbourne and Edinburgh, Allen’s incredible impersonations break all six seasons down into one, exhilarating, hilarious tour de force parody performance.

Tickets start at $25.00.

Tickets may be purchased at Ford Center Ticket Office, www.Ticketmaster.com or by phone at 800-745- 3000.

A City Transformed: Evansville and the Second World War –

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Aug 19, 2015
(7:00 PM – 8:00 PM)

As the 70th anniversary of the end of World War II nears, Dr. James MacLeod, professor of history at the University of Evansville, will discuss his research for a forthcoming book on Evansville during the war years. Dr. MacLeod teaches courses in European History and the two World Wars, and his editorial cartoons appear regularly in the Evansville Courier & Press.

The program is free and open to the public; to ensure adequate seating is available, reservations are appreciated.

 

Pets of the Week

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This sweetheart is Fuzzle, a 1-year-old female albino New Zealand rabbit! DON’T fall for the “red eyes are evil” trick; New Zealands are the sweetest bunnies in the world, and often wait on homes for months or years because people have silly unfounded fears about red-eyed albino animals. Fuzzle is no exception. Her $30 adoption fee includes her SPAY (a $150+ value!) She can go home today, already fixed! www.vhslifesaver.org or (812) 426-2563.

 

EPD Activity Report

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
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