Indiana Supreme Court

Mariea L. Best, Appellant v. Russell C. Best, Appellee

February 8, 20112011 Ind. LEXIS 67

Summary

The Indiana Supreme Court affirmed the modification awarding the father primary physical custody of M.B. because the trial court expressly found both a substantial change in a statutory custody factor and that modification was in M.B.'s best interests. It also held that the mother failed to show that the evidence required awarding her primary physical custody, because appellate review does not permit reweighing evidence or reassessing credibility. The court summarily affirmed the remaining Court of Appeals determinations while leaving undisturbed the reversal of the mother's contempt finding.