MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any FILED court except for the purpose of establishing Sep 26 2017, 7:41 am the defense of res judicata, collateral CLERK Indiana Supreme Court estoppel, or the law of the case. Court of Appeals and Tax Court ATTORNEY FOR APPELLANT Darlene R. Seymour Ciyou & Dixon, P.C. Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA J.D.Z., September 26, 2017 Appellant, Court of Appeals Case No. 51A01-1702-DR-226 v. Appeal from the Martin Circuit Court J.M.Z., The Honorable Lynne E. Ellis, Appellee. Judge Trial Court Cause No. 51C01-1309-DR-233 Bailey, Judge. Court of Appeals of Indiana | Memorandum Decision 51A01-1702-DR-226 | September 26, 2017 Page 1 of 12 Case Summary [1] J.D.Z. (“Father”) appeals the trial court’s denial of his motion to modify custody of the parties’ minor child, H.Z. (“the Child”). We affirm. Issues [2] Father raises two issues on appeal, namely: I. Whether the trial court erred in denying his motion to modify custody. II. Whether Father was denied a fair and impartial hearing because of the trial court’s bias against him. Facts and Procedural History [3] Father and J.M.Z. (“Mother”) were married, and their four-year-old daughter, the Child, was born during the parties’ marriage. The parties’ marriage was dissolved on January 27, 2014, and Mother was awarded sole physical and legal custody of the Child. The dissolution decree ordered that Father was not allowed to exercise visitation with the Child but he could “apply or re-petition the court” on that issue. Appellant’s App. at 15. At some point thereafter,1 Mother moved with her boyfriend, Elvin Vargas (“Vargas”), and the Child to 1 The Chronological Case Summary (CCS) notes “Change of address filed 08-13-2014. Copy to Counsel.” Appellant’s App. at 7. However, it does not indicate which party filed the change of address or what the new address was. There is no other evidence in the record regarding the exact date when Mother moved to Cromwell. Court of Appeals of Indiana | Memorandum Decision 51A01-1702-DR-226 | September 26, 2017 Page 2 of 12 Cromwell in Noble County, Indiana. Father remained in Loogootee in Martin County. [4] On October 7, 2015, the parties entered into an agreed order under which parenting time with the Child was modified to allow Mother to have care and control of the Child for two (2) weeks and allow Father to have care and control of the Child the following week, with the parties maintaining that alternating two-week/one-week schedule until further order of the court. [5] On August 11, 2016, Father filed a petition for emergency modification of custody of the Child in which he contended that Mother, Vargas, and the Child were living with a man named Juan Vargas (“Juan”) who had been arrested for child molesting and was awaiting trial. The petition also alleged that the Child had “been seen playing outside by herself,” and that there were registered sex offenders living close to ...
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