In re the Marriage of Julie Marie Bojrab v. George David Bojrab

Summary

The Indiana Supreme Court held that a trial court may not order an automatic prospective change of custody upon a future relocation, but may condition a present custody award on the continuation of existing residence circumstances. The court also held that failure to take an interlocutory appeal from a provisional support or maintenance order does not waive the right to challenge the issue on appeal from the final judgment. The court nevertheless upheld the denial of retroactive modification because the trial court did not abuse its discretion.

Holdings

1. A trial court may not order an automatic prospective change of custody upon the occurrence of a future relocation because a custody modification must comply with Indiana Code section 31-17-2-21. The court may, however, make a present custody determination conditioned on the continuation of specified present circumstances, such as the children's residence in a particular county.
2. A party does not waive the right to challenge a provisional order for support or maintenance by failing to take an interlocutory appeal; the claimed error may be raised on appeal from the final judgment.
3. The trial court did not abuse its discretion in denying the husband's request for retroactive modification of provisional support and maintenance.

Questions Presented

1. Whether a trial court may prospectively order an automatic change of child custody upon a future relocation by the custodial parent.
2. Whether a party waives a challenge to a provisional support or maintenance order by failing to pursue an interlocutory appeal.
3. Whether the trial court abused its discretion by denying the husband's request for retroactive modification of provisional child support and maintenance.

Disposition

affirmed