COA Affirms Trial Court Decision for Alternating Annual Custody

Case:In re the Marriage of R.E.F. v. A.M.A. f/k/a A.M.F. (mem. dec.)
by Mike Kohlhaas, Bingham Greenebaum Doll

I typically do not circulate memorandum decisions, but I considered this case to be interesting and notable. The Court of Appeals affirmed a trial court’s order that each parent would have sole legal custody on an alternating annual basis. The Court of Appeals rejected Father’s argument that the arrangement constituted in impermissible automatic change in custody, such as in Bojrab. The Court distinguished the instant case as being an automatic and scheduled change of custody, and not one that was dependent upon a future change in factual circumstances (e.g., if one parent decides to move out of state in the future.)

To view the text of this opinion in its entirety, click here: In re the Marriage of R.E.F. v. A.M.A. f/k/a A.M.F. (mem. dec.)



James A. Reed and Michael R. Kohlhaas of Bingham Greenebaum Doll represent clients in a wide spectrum of relationship transition and wealth planning matters, including premarital agreements, estate planning, cohabitation, separation, divorce (especially involving high net worth individuals and/or complex asset issues), custody, parenting arrangements, adoption, and domestic partnerships. Bingham Greenebaum Doll, a multidisciplinary law firm serving regional, national, and international clients, is the fourth-largest law firm in Indiana. The firm’s main practices include corporate, property, litigation, labor, government law, and personal services law. Visit the firm’s website at

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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