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In re Marriage of Bello

Court of Appeals of Indiana

May 9, 2018

In Re the Marriage of: Angela R. Bello, Appellant-Petitioner,
v.
Clement A. Bello, Appellee-Respondent.

          Appeal from the Marion Superior Court The Honorable John M.T. Chavis, Judge The Honorable Caryl Dill, Magistrate Trial Court Cause No. 49D12-0902-DR-4946

          Attorney for Appellant Bryan L. Ciyou Darlene R. Seymour Ciyou & Dixon, PC Indianapolis, Indiana.

          Attorney for Appellee Andrea L. Ciobanu Indianapolis, Indiana.

          RILEY, JUDGE.

          STATEMENT OF THE CASE

         [¶1] Appellant-Petitioner, Angela R. Bello (Mother), appeals the trial court's denial of her motion for relief from the trial court's Order finding her in contempt and from the trial court's award of attorney's fees in favor of Appellee-Respondent, Clement A. Bello (Father).

         [¶2] We affirm.

         ISSUE

         [¶3] Mother presents us with one issue on appeal, which we restate as: Whether the trial court abused its discretion in denying her motion for relief from judgment pursuant to Indiana Trial Rules 60(B) and 60(C).

         FACTS AND PROCEDURAL HISTORY

         [¶4] Mother and Father were married on May 22, 2005. During the marriage, one child, K.B., was born on July 1, 2007. On November 23, 2010, a decree of dissolution of marriage was issued, awarding Mother sole physical custody of K.B., with the parties sharing legal custody. The trial court granted Father parenting time with an overnight stay every Wednesday and alternating weekends. Father was entitled to alternating weeks during the summer and all other parenting time would follow the Indiana Parenting Time Guidelines. Father was ordered to pay a weekly child support obligation of $75.

         [¶5] On February 18, 2016, Father filed a verified motion for rule to show cause, modification in child custody/parenting time, and reimbursement of attorney's fees. In his motion, Father contended that Mother was deliberately "hindering the [F]ather-son relationship" and interfering with his parenting time. (Appellant's App. Vol. II, p. 28). After a hearing on Father's motion, the trial court issued its Order on June 28, 2016, concluding, in pertinent part:

3. The child was in preschool or day care at the time of the dissolution and the decree was silent on the issue of extracurricular activities and the expense related thereto. However, the term "upbringing" as set forth in the decree is very broad and all-encompassing. Therefore, decisions regarding health, education, religion and extracurricular activities should ...

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