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In re Paternity of V.A.

Court of Appeals of Indiana

May 30, 2014

IN RE: THE PATERNITY OF V.A., a Minor Child, R.A., Father, Appellant-Petitioner,
v.
B.Y., Mother, Appellee-Respondent

APPEAL FROM THE JEFFERSON CIRCUIT COURT. The Honorable James B. Morris, Special Judge. Cause Nos. 39C01-1210-JM-62, 39C01-1108-JP-28.

ATTORNEYS FOR APPELLANT: BRYAN LEE CIYOU, LORI B. SCHMELTZER, Ciyou & Dixon, P.C., Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: MARY BETH MOCK, Law Office of Mary Beth Mock, Madison, Indiana.

MAY, Judge. VAIDIK, C.J., and RILEY, J., concur.

Page 66

OPINION

MAY, Judge.

R.A. (" Father" ) appeals the denial of his motion to correct error and the order reinstating his visitation time.[1] As the trial court did not err by denying his motion to correct error and the parenting time issue is moot,[2] we affirm.

FACTS AND PROCEDURAL HISTORY

B.Y. (" Mother" ) gave birth to V.A. (" Child" ) in 2003. Mother and Father never married. In June 2011, Mother and Father ended their relationship. On August 3, 2011, Father filed a petition in Jefferson County to establish paternity and determine custody, parenting time, and child support. In August 2012, after a hearing, Judge Ted Todd issued a final order addressing paternity, custody, child support, and other issues. Father appealed that order.

While the appeal was pending, Father asked for a change of judge and Special Judge James Morris assumed jurisdiction. The same day Father filed the motion for

Page 67

change of judge, he filed a petition to modify custody and support. Mother moved to dismiss, arguing the paternity court lacked jurisdiction to decide Father's petitions because the issues were part of Father's pending appeal of the August 24, 2012, order. Judge Morris dismissed Father's petition to modify custody and support without prejudice, citing lack of jurisdiction. On March 28, 2013, Father filed a motion to correct error.

On May 10, 2013, we decided Father's appeal and remanded the case for the trial court to determine V.A.'s legal custody, " to clarify the factual basis for its child support order and, if the award is a deviation from the child support guidelines, to enter findings articulating the facts supporting that conclusion," R.A. v. B.Y. (In re Paternity of V.A.), 987 N.E.2d 548, (Ind.Ct.App. 2013), and to address Father's contempt petition.

On May 16, 2013, Judge Morris held a hearing on Father's motion to correct the error alleged in the dismissal of his petition to modify custody and support. Judge Morris denied ...


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