Case Conclusion Date: 08.30.2012
Practice Area: Appeals
Outcome: We successfully defended the appellate case and replied to their request to transfer to the Indiana Supreme Court. Our Client was able to retain sole custody of his daughter.
Description: The client received primary custody of his daughter at the trial court level. Appellant appealed on various grounds, including that the trial court applied the incorrect statute to determine custody. We successfully defended the appeal and argued that even if the incorrect statute was applied by the trial court, the Client should maintain custody due to harmless error and also because it was in the best interests of the child. We also compared the statute that the trial court used and the standard that they should have used to demonstrate that the outcome would have been the same. The Appellate Court agreed with our analysis--including that the incorrect statute was, in fact used by the trial court, but that the result would have been the same if the correct statute was used. The Appellant petitioned for transfer to the Indiana Supreme Court and we responded to their petition. Their petition to transfer was denied and the decision for our Client to retain primary custody of his daughter was upheld. Please note that all dispositions of cases depend upon the facts and circumstances of each case.