You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

State ex rel. Jester v. Madison Circuit Court

Citations: 487 N.E.2d 1307; 1986 Ind. LEXIS 997Docket: No. 1185S463

Court: Indiana Supreme Court; January 23, 1986; Indiana; State Supreme Court

Narrative Opinion Summary

In this custody dispute, the Supreme Court addressed jurisdictional issues under the Uniform Child Custody Jurisdiction Act. Following the separation of the parties in 1983, an Iowa court awarded custody of their child to the father. However, when the child was visiting the mother in Indiana, she sought and obtained a temporary restraining order from the Indiana court, which eventually modified the custody arrangement in her favor. The father challenged the Indiana court's jurisdiction, arguing that the Iowa decree should have been enforced. However, the Indiana court, after a change of judge, determined that Iowa no longer had interest in the case and modified the custody order. The father, who had removed the child from Indiana in violation of the court's order, was denied relief by the Supreme Court. The Court held that a party who disobeys a custody order lacks standing to seek relief, thus denying the father's petition. The decision was unanimous, with one justice not participating, and the case was noted for its inadvertent omission from the official Indiana Reports.

Legal Issues Addressed

Enforcement of Out-of-State Custody Decrees

Application: The Indiana court modified the custody arrangement, awarding custody to Deanna, despite the existing Iowa custody decree.

Reasoning: Judge McCarty later modified the custody arrangement, awarding custody to Deanna on June 25, 1985.

Jurisdiction under the Uniform Child Custody Jurisdiction Act

Application: The Indiana court exercised jurisdiction to modify a custody decree despite the existence of a prior Iowa court decree, determining that Iowa no longer had interest in the matter.

Reasoning: Judge McCarty took over the case and confirmed that Iowa had no interest in the matter.

Standing to Seek Relief in Custody Cases

Application: The Supreme Court denied relief to the relator, Frank Jester, due to his violation of the Indiana court's custody order.

Reasoning: The Court stated that a party who disobeys a custody order lacks standing to seek relief.