Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wilkinson v. Assante

Court of Appeals of Indiana

July 26, 2018

Kyle J. Wilkinson, Appellant-Petitioner,
v.
Danielle A. Assante, Appellee-Respondent, And Paul Assante and Jennifer Assante, Appellees-Intervenors.

          Appeal from the Gibson Circuit Court The Honorable Jeffrey F. Meade, Judge, Trial Court Cause No. 26C01-1602-DR-273

          Attorney for Appellant Jared Michel Thomas Evansville, Indiana.

          Attorney for Appellees Jason M. Spindler Princeton, Indiana.

          Riley, Judge.

         STATEMENT OF THE CASE

         [¶1] Appellant-Petitioner, Kyle Wilkinson (Father), appeals the trial court's Order, granting Appellee-Respondent's, Danielle Assante (Mother), motion to dismiss Father's petition to modify custody of their minor children, A.W & Ai.W. (Children), pursuant to the Indiana Uniform Child Custody Jurisdiction Act.

         [¶2] We affirm.

         ISSUE

         [¶3] Father raises one issue for our review, which we restate as: Whether the trial court abused its discretion when it declined to continue its jurisdiction over the Children based on the application of the Indiana Uniform Child Custody Jurisdiction Act (UCCJA).

         FACTS AND PROCEDURAL HISTORY

         [¶4] Father and Mother are the biological parents of A.W., born July 2, 2009, and Ai.W., born May 16, 2010-both Children were born in New Jersey. The Parents were never married, but resided together and Father executed a paternity affidavit for both Children. During 2010 and 2011, the New Jersey Division of Youth and Family Services became involved with the family. On May 20, 2010, the Superior Court of Sussex County in New Jersey (Sussex County trial court) awarded temporary legal and physical custody of Ai.W.[1] to Maternal Grandmother. On August 31, 2010, the Sussex County trial court continued Maternal Grandmother's temporary legal and physical custody of Ai.W. but awarded Parents supervised visitation. On February 15, 2011, the Sussex County trial court ordered physical and legal custody of Ai.W. to be transferred to Parents and on June 17, 2011, the State of New Jersey terminated its involvement with the family because the Children had been returned home and all of the conditions causing the removal of the Children had been remedied. In its Order terminating the court's involvement, the Sussex County trial court awarded primary physical custody of the Children to Mother, with joint legal custody to the Parents.

         [¶5] In March of 2014, Parents and Children moved to Gibson County, Indiana, where they continually resided until February 2016. On February 6, 2016, Mother and the Children moved back to New Jersey, while Father continued to reside in Gibson County, Indiana. The Children have been enrolled in school in New Jersey ever since.

         [¶6] On February 29, 2016, Father filed an emergency petition to modify custody with the Gibson County circuit court (trial court). After a hearing and by order of March 16, 2016, the trial court issued an emergency custody order, awarding emergency custody of the Children to Father. On March 18, 2016, the Sussex County trial court entered a handwritten order in docket No. FD-19-287-11, stating that the Children were to be returned to the custody of Father, and afforded Father the right to utilize law enforcement officers to enforce the trial court's order. Thereafter, Paul and Jennifer Assante[2] (Maternal Grandparents) intervened by filing an order to show cause under a new cause number with the Sussex County trial court requesting it to temporarily restrain Father from removing the Children from the State of New Jersey. On March 21, 2016, the Sussex County trial court temporarily restrained Father from removing the Children and ruled that Maternal Grandparents had thirty days "to file in Indiana, the home state, to obtain an order as to custody issues." (Appellant's App. Vol. II, p. 83).

         [¶7] On April 20, 2016, Mother moved the trial court to set aside the emergency custody order and, by agreement of the parties, the trial court granted Maternal Grandparents' request to intervene in the cause pending before the Indiana court. Over the next eighteen months, the parties were involved in discovery efforts "to get discovery from [Father] and [Father's] drug treatment program" from the treatment facility. (Appellant's App. Vol. II, p. 50). Ultimately, the Maternal ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.