Dameka Dunlop v. Courtney Johnson, Sr. (mem. dec.) ( 2017 )


Menu:
  • 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                            Nov 28 2017, 10:01 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                                   ATTORNEY FOR APPELLEE
    Danielle L. Gregory                                      Stacy L. Kelley
    Indianapolis, Indiana                                    Glaser & Ebbs
    Indianapolis, Indiana
    IN THE
    COURT OF APPEALS OF INDIANA
    Dameka Dunlop,                                           November 28, 2017
    Appellant-Petitioner,                                    Court of Appeals Case No.
    49A02-1705-JP-1015
    v.                                               Appeal from the Marion Circuit
    Court
    Courtney Johnson, Sr.,                                   The Honorable Sheryl Lynch,
    Appellee-Respondent                                      Judge
    The Honorable Marie Kern,
    Magistrate
    Trial Court Cause No.
    49C01-1510-JP-35602
    Barnes, Judge.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017         Page 1 of 24
    Case Summary
    [1]   Dameka Dunlop (“Mother”) appeals the trial court’s order granting sole legal
    custody and physical custody of Courtney Johnson, Jr. (“Child”) to Courtney
    Johnson, Sr. (“Father”), denying Mother’s motion to relocate with Child, and
    awarding attorney fees to Father. We affirm in part, reverse in part, and
    remand.
    Issues
    The issues before us are as follows:
    I.      whether the trial court erred in awarding physical custody
    to Father;
    II.     whether the trial court erred in awarding sole legal custody
    to Father;
    III.    whether the trial court erred in denying Mother’s request
    to relocate with the parties’ minor child;
    IV.     whether the trial court abused its discretion in finding
    Mother in contempt; and
    V.      whether the trial court erred in awarding attorney fees to
    Father.
    Facts
    [2]   Mother and Father are the parents of Child, who was born in 2011. In August
    of 2015, Mother moved from the home she shared with Father, her prior-born
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 2 of 24
    son, Father’s prior-born son, and Father’s mother. Mother filed a verified
    petition to establish support pursuant to execution of a paternity affidavit on
    October 27, 2015. Child’s paternity was established on February 24, 2016.
    Mother was awarded primary physical custody of Child.
    [3]   On May 6, 2016, Mother filed a notice of intent to relocate. On May 31, 2016,
    the trial court ordered (“Order”) that Mother could not relocate with Child until
    the court had conducted a hearing on Father’s motion in opposition. Mother
    relocated to Atlanta, Georgia, in early October of 2016. Mother denied
    receiving notice of the Order.
    [4]   A hearing scheduled for September 2016 was continued due to the trial judge’s
    illness. The rescheduled hearing took place on December 7, 2016. On that
    date, Mother failed to appear. Father, having taken leave from work, appeared
    with his counsel. On December 7, 2016, Father filed a petition for contempt
    against Mother.
    [5]   On March 21, 2017, the trial court conducted a hearing regarding the relocation
    dispute and Father’s contempt action. Mother and Father appeared and
    presented evidence. Father requested primary physical custody of Child and
    asked the trial court to order joint legal custody with Mother having parenting
    time pursuant to the Indiana Parenting Time Guidelines applicable when
    distance is a factor. Father also requested his attorney fees and lost wages for
    the December 7, 2016 hearing and attorney fees for the contempt action.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 3 of 24
    [6]   Child has a healthy, loving relationship with Father and his sibling in Father’s
    home. Father has supplied clothing and money for Child’s shoes, and has paid
    some child support.1 From August 2015, when Mother moved out, until
    August 2016, Father picked up his prior-born son, Mother’s prior-born son, and
    Child from school on Thursdays and some Fridays, and Child would spend the
    night. Father typically exercised six to eight overnight visits with Child each
    month.
    [7]   Father agrees that Mother is a committed and nurturing parent to Child. He
    and Mother typically communicated “through phone calls or texts” regarding
    his parenting time, and Mother was generally flexible regarding his parenting
    time; however, after he and Mother argued in December 2016, Mother stopped
    responding to his calls and text messages. Tr. p. 129. Afterwards, he briefly
    stopped trying to contact Mother but resumed calling and sent five unanswered
    texts to her from January to February 2017. The December 2016 argument was
    not the first time that Mother ignored his telephone calls. Id. at 149 (“[T]here
    have been times where she may be [sic] wouldn’t answer the phone for two to
    three weeks or a month since she left in 2015 . . . .”).
    [8]   Father is a lifelong resident of Marion County and “pretty much all of [his]
    family is here.” Id. at 122. Child has a “good relationship” with Father’s prior-
    1
    The trial court credited Father with $900 in financial and in-kind contributions toward support of Child and
    offset the sum against Father’s child support obligation, leaving an arrearage of $9,784 owed by Father. App.
    p. 30.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017         Page 4 of 24
    born son and has friends in Father’s neighborhood. At the hearing on the
    parties’ relocation and contempt disputes, Father testified that he had not seen
    Child in three months.
    [9]    Father learned of Mother’s relocation to Atlanta on social media, and Mother’s
    relocation interfered with his parenting time “a whole lot.” Id. at 133. After
    Mother relocated, she returned to Indianapolis on alternating weekends, and he
    was only able to exercise a maximum of twenty-four hours of parenting time, as
    opposed to the full weekends that he had previously enjoyed.
    [10]   Father requested primary physical custody and joint legal custody of Child. He
    also asked that Mother be awarded parenting time pursuant to the Indiana
    Parenting Time Guidelines when distance is a factor.
    [11]   Father moved the trial court to enter a finding of contempt against Mother for
    relocating Child in violation of the court order and without his permission. He
    also requested attorney fees relating to the contempt filing, and lost wages and
    attorney fees for the December 7, 2016 hearing, for which Mother failed to
    appear.
    [12]   Mother’s testimony was as follows: Child has a healthy, loving relationship
    with Mother and her prior-born son. Mother testified that after August 2015,
    Father paid $900 or less in child-support or in-kind benefits for Child’s needs.
    She testified that she obtained Child Care Development Fund assistance to pay
    for work-related child care, and thereafter paid child care expenses herself.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 5 of 24
    [13]   Mother had a longtime desire to relocate eight hours away from Indianapolis to
    Atlanta, where paternal grandfather and Mother’s relatives reside, and where
    Mother believed there existed more favorable career opportunities and a better
    environment for Child. In April 2016, Mother prepared to relocate to Atlanta,
    where she planned to work for a high-profile hairstylist. Mother testified that
    she advised Father of her plans, and that he did not object until she filed her
    notice of intent to relocate. She began working in Atlanta in August 2016,
    signed an apartment lease in September 2016, paid for daycare registration in
    Atlanta in mid-September 2016, and got keys to her new apartment in October
    2016. Child began attending school in Atlanta in mid-October 2016.
    [14]   Mother testified that after she moved to Atlanta, she continued her
    longstanding practice of coordinating and facilitating Father’s parenting time
    with Child. Mother returned to Indianapolis on alternating weekends to work
    as a hairstylist from mid-October 2016 through approximately December 2016.
    She testified that, around Christmas 2016, she and Father argued, and that she
    subsequently stopped initiating communication with Father to prompt his
    scheduling parenting time with Child. After December 2016, Mother testified
    that Father telephoned Child only once and failed to inquire about Child’s
    health, schooling, or welfare. Mother returned to Indianapolis on three
    separate occasions in January, February and March 2017, respectively. She did
    not notify Father that she was in town, and Father was not able to visit with
    Child.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 6 of 24
    [15]   Mother asked the trial court for continued primary physical custody of Child
    because she is a fit parent and has always been Child’s primary caregiver. She
    testified that she intended to remain in Atlanta and to return to Indianapolis in
    alternating weeks to work as a hairstylist.
    [16]   On April 28, 2017, the trial court entered an order (1) determining that even if
    Mother’s relocation was made in good faith and for a legitimate reason, the
    move was not in Child’s best interests; (2) granting primary physical custody to
    Father; (3) granting sole legal custody to Father, because distance so warranted
    and because the parties could not communicate effectively and cooperatively;
    (4) ordering Mother to pay Father’s attorney fees of $675 as a sanction for
    violating the Order, and to pay Father’s attorney fees of $750 and to reimburse
    $83.92 in his lost wages as a sanction for failing to appear for the December 7,
    2016 hearing. The order of the trial court found, in part, as follows:
    118. The Court finds that it is in the child’s best interests to order
    that Father shall have primary physical custody of the minor
    child. Father has demonstrated more significant stability than
    Mother since the parties separated in August 2015. Further, the
    Court believes that Mother has demonstrated poor judgment
    associated with her relocation decision, acting in her best
    interests, not those of the child. Finally, the Court does not find
    Mother’s assertions that she was unaware of the Court’s order
    prohibiting relocation to be persuasive or credible. All of
    Mother’s actions suggest a complete disregard for any order of
    the Court as Mother took deliberate and calculated steps to
    advance her relocation, prior to any order from the Court
    permitting that action to be taken on behalf of the child. The
    Court believes that Father is the more likely of the two parents to
    abide by any orders of this Court as a result.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 7 of 24
    119. The Court also orders Father to have sole legal custody of
    the minor child, as the evidence has demonstrated that Mother
    and Father have an inability to effectively communicate in a
    cooperative manner and due to the significant distance involved.
    120. Father is ordered to be able to assume custody of the minor
    child effective May 13, 2017, in order to give him an opportunity
    to make any necessary travel arrangements, as well as provisions
    for child care and schooling.
    121. Mother shall have parenting time per the IPTGS When
    Distance is a Factor. All ancillary provisions of the IPTGS shall
    apply. In addition, if Mother is going to be in the Indianapolis
    area, she may elect to exercise additional parenting time in
    Indianapolis, but must give Father a minimum of seven days’
    notice of her intent to exercise that parenting time. Those
    additional periods of parenting time shall not exceed 48 hours in
    duration, absent an agreement between Mother and Father.
    122. Transportation for Mother’s parenting time shall be equally
    divided, absent an alternate agreement of the parties.
    *****
    146. I.C. 31-14-18-2 permits the court to order a party to pay a
    reasonable amount for attorney’s fees, including amounts for
    legal services provided and costs incurred. . . .
    *****
    148. The Court finds that Mother is in contempt for failure to
    comply with the Court’s order not to relocate the child until the
    matter had been heard to completion. Mother testified that she
    assumed that she’d be allowed to relocate the child and all of
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 8 of 24
    Mother’s actions demonstrate that she went forward with her
    plan to relocate the child, despite the Court order prohibiting his
    relocation.
    149. As sanction for Mother’s contempt, the Court orders
    Mother to pay $675 of Father’s attorney fees to attorney Stacey
    Kelley within 180 days of the date of this order. Any fees owing
    thereon at the conclusion of that period of time may be reduced
    to a judgment in favor of attorney Kelley upon written request.
    150. The Court further finds that Mother’s misconduct associated
    with her failure to appear for trial on December 7, 2016, resulted
    in additional unnecessary legal fees for Father, as well as missed
    wages associated with four hours of Father’s employment. As
    sanction for this misconduct, the Court orders Mother to pay
    attorney Stacy Kelley $750 in attorney fees within 180 days of the
    date of this order. Any balance owed thereon at the conclusion
    of that period of time may be reduced to a written judgment in
    favor of attorney Kelley upon written request. Additionally,
    Mother shall reimburse Father $83.92 in lost wages within 30
    days of the date of this order and provide proof of payment to the
    Court.
    App. Vol. II pp. 27, 32-33. Mother now appeals.
    Analysis
    I.      Physical Custody
    [17]   Mother argues that the trial court abused its discretion in awarding physical
    custody of Child to Father. Child custody determinations fall squarely within
    the discretion of the trial court and will not be disturbed except for an abuse of
    discretion. Walker v. Walker, 
    539 N.E.2d 509
    , 510 (Ind. Ct. App. 1989). On
    review, we will not reweigh the evidence, adjudge the credibility of the
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 9 of 24
    witnesses, nor substitute our judgment for that of the trial court. 
    Id.
     We will
    examine the evidence to determine if there is any evidence supporting the trial
    court’s determination. 
    Id.
     We will not reverse unless we find the trial court’s
    decision is against the logic and effect of the facts and circumstances or the
    reasonable inferences drawn therefrom. 
    Id.
     “Appellate deference to the
    determinations of our trial court judges, especially in domestic relations
    matters, is warranted because of their unique, direct interactions with the
    parties face-to-face, often over an extended period of time.” Best v. Best, 
    941 N.E.2d 499
    , 502 (Ind. 2011). “Thus enabled to assess credibility and character
    through both factual testimony and intuitive discernment, our trial judges are in
    a superior position to ascertain information and apply common sense,
    particularly in the determination of the best interests of the involved children.”
    
    Id.
    [18]   The modification of a custody order also lies within the sound discretion of the
    trial court. Spencer v. Spencer, 
    684 N.E.2d 500
    , 501 (Ind. Ct. App. 1997). Upon
    appeal, we will reverse a trial court’s decision only upon a showing of an abuse
    of discretion. 
    Id.
     In general, a court must find that modification would be in
    the child’s best interests and that there has been a substantial change in
    circumstances. 
    Ind. Code § 31-17-2-21
    ; Haley v. Haley, 
    771 N.E.2d 743
    , 747
    (Ind. Ct. App. 2002). However, where, as here, a motion for custody
    modification is filed in response to a relocation, the trial court must instead take
    the following factors into account in deciding whether to modify custody:
    (1) The distance involved in the proposed change of residence.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 10 of 24
    (2) The hardship and expense involved for the nonrelocating
    individual to exercise parenting time . . . .
    (3) The feasibility of preserving the relationship between the
    nonrelocating individual and the child through suitable parenting
    time . . . arrangements, including consideration of the financial
    circumstances of the parties.
    (4) Whether there is an established pattern of conduct by the
    relocating individual, including actions by the individual to either
    promote or thwart a nonrelocating individual’s contact with the
    child.
    (5) The reasons provided by the:
    (A) relocating individual for seeking relocation; and
    (B) nonrelocating parent for opposing the relocation of the
    child.
    (6) Other factors affecting the best interest of the child.
    I.C. § 31-17-2.2-1(b). See Baxendale v. Raich, 
    878 N.E.2d 1252
    , 1256-57 (Ind.
    2008). The “[o]ther factors” to be considered are enumerated in Indiana Code
    Section 31-17-2-8 for ascertaining a child’s best interests:
    (1) The age and sex of the child.
    (2) The wishes of the child’s parent or parents.
    (3) The wishes of the child, with more consideration given to the
    child’s wishes if the child is at least fourteen (14) years of age.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 11 of 24
    (4) The interaction and interrelationship of the child with:
    (A) the child’s parent or parents;
    (B) the child’s sibling; and
    (C) any other person who may significantly affect the
    child’s best interests.
    (5) The child’s adjustment to the child’s:
    (A) home;
    (B) school; and
    (C) community.
    (6) The mental and physical health of all individuals involved.
    (7) Evidence of a pattern of domestic or family violence by either
    parent.
    (8) Evidence that the child has been cared for by a de facto
    custodian, and if the evidence is sufficient, the court shall
    consider the factors described in section 8.5(b) [IC 31-17-2-8.5(b)]
    of this chapter.”
    [19]   In considering the statutory factors relevant to a decision to modify custody
    under Indiana Code Section 31-17-2.2-1(b), we note the following: Mother’s
    relocation put Child eight hours away from Indianapolis. Because of the
    distance, Father’s visits, formerly six to eight overnight visits each month, were
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 12 of 24
    drastically limited to approximately twenty-four hours of parenting time on
    alternating weekends when Mother returned to Indianapolis. Challenges
    presented by the geographic distance and Mother’s intermittent return trips to
    Indianapolis thus made it less feasible that Father’s close bond with Child, as
    well as other familial bonds, could be adequately preserved through parenting
    time after Mother’s relocation.
    [20]   Mother’s reasons for relocating to Atlanta were aspirational – more lucrative
    work and an allegedly more positive social and academic environment for
    Child, including free, state-funded pre-kindergarten in Georgia. The record
    reflects that at the time of the hearing, however, Mother’s financial goals had
    not materialized, and she had suffered a significant reduction in her income and
    standard of living. As the trial court noted, “Mother has effectively reduced her
    income and set herself back several years in terms of career advancement by
    relocating to Atlanta.” App. Vol. II p. 23.
    [21]   Additionally, the record reveals an established pattern of conduct by Mother to
    thwart Father’s exercise of parenting time. After an argument in December of
    2016, Mother stopped acknowledging Father’s telephone calls and texts and
    deliberately ceased initiating communications regarding parenting time.
    Mother testified that she tired of orchestrating Father’s parenting time, when he
    was not helping her financially. The record is clear that Mother was struggling
    financially and that Father was behind on child support. It also appears that
    unless Mother prompted him, Father did not consistently initiate parenting time
    with Child.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 13 of 24
    [22]   We sympathize with Mother; however, we agree with the trial court that it was
    incumbent upon her—as the party who relocated and who dictated the
    timetable for her intermittent return trips to Indianapolis—to maintain open
    lines of communication with Father. See Tr. p. 103 (“[Trial Judge]: And so I
    know you said that you got tired of always being the one to initiate contact with
    dad, but how was he to know what weekends you were going to be up here if
    you did not tell him?”). Although Mother returned to Indianapolis in January,
    February, and March 2017, she failed to notify Father; consequently, on each
    occasion, Father was unable to exercise parenting time with Child. At the time
    of the hearing on the relocation and contempt disputes, Father had not seen
    Child in three months.
    [23]   Regarding the best interests of Child, we observe that Child was five years old
    at the time of Mother’s relocation. Child was closely bonded with each parent
    and with his sibling in each parent’s household. Each parent sought physical
    and legal custody, having established a satisfactory physical and emotional
    home environment. Each parent testified that the other was a loving and
    nurturing parent to Child. Child was accustomed to Mother being his primary
    caregiver and custodial parent. Mother testified that she took Child to routine
    medical appointments and to school, paid his school fees, bought the bulk of his
    food and clothing, and paid for his haircuts.
    [24]   Child was also accustomed to spending multiple overnight visits with Father
    each month. Father’s mother resides with him and his sister lives nearby, and
    each is willing and able to assist with supervising Child or getting Child on and
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 14 of 24
    off the school bus each day. At the time of the hearing, Mother testified that
    she lacked consistent family support and child care.
    [25]   Given Mother’s relocation to Atlanta, the trial court determined that
    modification of custody was in Child’s best interests and that there has been a
    substantial change in circumstances. Based upon the foregoing evidence, the
    trial court did not abuse its discretion in modifying custody in Father’s favor
    upon a finding that placement with Father would promote stability and
    permanence for Child.
    II.      Sole Legal Custody
    [26]   Mother argues that the trial court abused its discretion in awarding sole legal
    custody of Child to Father. When considering a modification from joint legal
    custody to sole legal custody, we must determine whether there has been a
    substantial change in one or more of the factors listed in Indiana Code Section
    31-17-2-15, in addition to considering any substantial change to the Indiana
    Code Section 31-17-2-8 factors, as is typically necessary for physical custody
    modifications. Julie C. v. Andrew C., 
    924 N.E.2d 1249
    , 1259 (Ind. Ct. App.
    2010) (citing Carmichael v. Siegel, 
    754 N.E.2d 619
    , 635 n.7 (Ind. Ct. App. 2001)).
    The court shall also consider:
    (1) the fitness and suitability of each of the persons awarded joint
    custody;
    (2) whether the persons awarded joint custody are willing and
    able to communicate and cooperate in advancing the child’s
    welfare;
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 15 of 24
    (3) the wishes of the child, with more consideration given to the
    child’s wishes if the child is at least fourteen (14) years of age;
    (4) whether the child has established a close and beneficial
    relationship with both of the persons awarded joint custody;
    (5) whether the persons awarded joint custody:
    (A) live in close proximity to each other; and
    (B) plan to continue to do so; and
    (6) the nature of the physical and emotional environment in the
    home of each of the persons awarded joint custody.
    I.C. § 31-17-2-15.
    [27]   Our courts have reiterated that factor (2), whether the parents are willing and
    able to cooperate in advancing the child’s welfare, is of particular importance in
    making legal custody determinations. Julie C., 
    924 N.E.2d at 1260
    ; see also
    Carmichael, 
    754 N.E.2d at 635
     (“One of the key factors to consider when
    determining whether joint legal custody is appropriate is whether the persons
    awarded joint custody are willing and able to communicate and cooperate in
    advancing the child’s welfare.”). Where “the parties have made child-rearing a
    battleground, then joint custody is not appropriate.” Periquet-Febres v. Febres,
    
    659 N.E.2d 602
    , 605 (Ind. Ct. App. 1995). “Indeed, to award joint legal
    custody to individually capable parents who cannot work together is
    tantamount to the proverbial folly of cutting the baby in half in order to effect a
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 16 of 24
    fair distribution of the child to competing parents.” Swadner v. Swadner, 
    897 N.E.2d 966
    , 974 (Ind. Ct. App. 2008) (quotation omitted).
    [28]   As we have discussed, although Child has good relationships with both parents,
    the trial court heard evidence that the parties lack the ability to co-parent
    effectively. After a dispute with Father, Mother changed the parties’ parenting
    time practices, ignored Father’s telephone calls and text messages, failed to
    notify him when she returned to Indianapolis from Atlanta, and thereby
    thwarted his efforts to exercise parenting time. See App. Vol. II p. 27 (“The
    Court also orders Father to have sole legal custody of the minor child, as the
    evidence has demonstrated that Mother and Father have an inability to
    effectively communicate in a cooperative manner and due to the significant
    distance involved.”). Based on the foregoing, the trial court did not abuse its
    discretion in awarding sole legal custody to Father upon a finding that joint
    legal custody was not appropriate for the parties.
    III.     Denial of Motion to Relocate
    [29]   Mother argues that the trial court abused its discretion in denying her motion to
    relocate with Child. Under Indiana’s relocation statute, there are two ways for
    a non-custodial parent to object after receiving notice that the custodial parent
    intends to relocate: by filing a motion to prevent the relocation or by filing a
    motion to modify custody. T.L. v. J.L., 
    950 N.E.2d 779
    , 784 (Ind. Ct. App.
    2011. See I.C § 31-17-2.2-1, I.C. § 31-17-2.2-5.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 17 of 24
    [30]   Following a motion to prevent relocation, the relocating parent must prove
    “that the proposed relocation is made in good faith and for a legitimate reason.”
    I.C. § 31-17-2.2-5(c). If the court finds a good faith, legitimate purpose for the
    relocation, the burden then shifts to the non-relocating parent to demonstrate
    “that the proposed relocation is not in the best interest of the child.” I.C. § 31-
    17-2.2-5(d). If the non-relocating party fails to object, the custodial parent is
    permitted to relocate with the Child. I.C. § 31-17-2.2-5(e).
    [31]   Because there is no explicit criteria for determining whether a relocation is in
    good faith and for a legitimate reason, our court has generally required that the
    moving parent demonstrate an objective basis—that is, “more than a mere
    pretext”—for relocating. T.L., 950 N.E.2d at 787. It is commonly understood
    in today’s society that many individuals move in order to live closer to family
    members, for financial reasons, for employment opportunities, and various
    other reasons. Id. at 788. As such, “[w]e infer that these and similar reasons .
    . . are what the legislature intended in requiring that relocation be for
    ‘legitimate’ and ‘good faith’ reasons.” Id.
    [32]   Here, the trial court rightly “g[a]ve Mother the benefit of the doubt” regarding
    the first prong of the relocation analysis—namely, whether the relocation was
    made in good faith and for a legitimate reason. See App. Vol. II p. 24. Mother
    testified that she was struggling financially in Indianapolis and believed that she
    could fare better as a hairstylist in Atlanta, especially as an assistant to a high-
    profile Atlanta hairstylist. Her struggle to pay for Child’s schooling expenses in
    Indianapolis was eased in Atlanta because Georgia offers free pre-kindergarten.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 18 of 24
    Mother testified that she relocated fully anticipating a challenging transitional
    period during which she might have to reduce her rates to establish a new client
    base. That her move did not prove instantly lucrative does not render her
    relocation made in bad faith and for an illegitimate reason.
    [33]   As to the second prong—whether Father established that relocation was not in
    Child’s best interests—we revisit the aforementioned factors enumerated in
    Indiana Code Section 31-17-2.2-1 as well as the “other factors affecting the best
    interest of the child including the statutory factors listed in Indiana Code
    Section 31-17-2-8. For reasons we have already discussed relating to the eight-
    hour distance between Indianapolis and Atlanta; the difficulties inherent in
    Father exercising parenting time when Mother returns to Indianapolis
    intermittently; the difficulty of preserving Father’s bond with Child under the
    circumstances; Mother and Father’s questionable record of working
    cooperatively regarding parenting time; the relative instability of Mother’s semi-
    nomadic lifestyle; Child’s youthful age; and Child’s existing bonds with siblings
    and family in Indianapolis, we find that the trial court did not abuse its
    discretion in denying Mother’s motion to relocate with Child.
    IV.     Contempt
    [34]   Mother argues that the trial court abused its discretion in finding her in
    contempt. In order to be held in contempt for failing to follow a court’s order, a
    party must have willfully disobeyed the order. City of Gary v. Major, 
    822 N.E.2d 165
    , 170 (Ind. 2005). “The order must have been so clear and certain that there
    could be no question as to what the party must do, or not do, and so there could
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 19 of 24
    be no question regarding whether the order is violated.” Ind. High Sch. Athletic
    Ass’n v. Martin, 
    765 N.E.2d 1238
    , 1241 (Ind. 2002). “A party may not be held
    in contempt for failing to comply with an ambiguous or indefinite order.” 
    Id.
    “Otherwise, a party could be held in contempt for obeying an ambiguous order
    in good faith.” 
    Id.
     (citing Bowyer v. Ind. Dep’t of Natural Res., 
    798 N.E.2d 912
    ,
    918 (Ind. Ct. App. 2003)). The determination of whether a party is in contempt
    of court is a matter left to the trial court’s discretion. Id. at 171. We will reverse
    a trial court’s finding of contempt only where there is no evidence or inferences
    therefrom to support it. Id. As with other sufficiency matters, we will neither
    reweigh evidence nor judge witness credibility. Mitchell v. Mitchell, 
    871 N.E.2d 390
    , 394 (Ind. Ct. App. 2007).
    [35]   Here, on May 31, 2016, the trial court unambiguously ordered Mother not to
    relocate with Child until the parties’ dispute had been adjudicated. The trial
    court did not believe that Mother was unaware of its Order. The record reveals
    that trial court staff mailed the Order to each party on June 1, 2016; Father
    received the Order; and the trial court has no record of Mother’s notice being
    returned. Moreover, it is evident from her own testimony that Mother began to
    lay the groundwork for her move to Atlanta as early as April 2016, assuming
    that she would be permitted to move with Child. Mother relocated with Child
    in early October 2016, and the hearing on Father’s opposition to Mother’s
    motion to relocate was not held until March 21, 2017. Sufficient evidence exists
    to support the trial court’s finding of contempt under the circumstances. See
    B.L. v. J.S., 
    59 N.E.3d 253
    , 265 (Ind. Ct. App. 2016) (“It is beyond dispute that
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 20 of 24
    the trial court had issued the order before the events in question and that the . . .
    order was intended to prevent the type of conduct that resulted in the trial
    court’s contempt finding.”).
    V.       Attorney Fees
    [36]   Mother argues that the trial court erred in ordering her to pay Father’s attorney
    fees as sanctions for her contempt and misconduct in failing to appear. “A
    determination regarding attorney fees in proceedings to modify a child support
    award is within the sound discretion of the trial court and will be reversed only
    upon a showing of a clear abuse of that discretion.” Martinez v. Deeter, 
    968 N.E.2d 799
    , 810 (Ind. Ct. App. 2012).
    In determining whether to award attorney fees, the trial court
    must consider the parties’ resources, their economic condition,
    their ability to engage in gainful employment, and other factors
    that bear on the award’s reasonableness. The trial court may also
    consider any misconduct on the part of either of the parties that
    creates additional legal expenses not otherwise anticipated.
    
    Id.
     (citations omitted).
    [37]   The factor with the most bearing upon the appropriateness of an award of
    attorney fees is the relative financial standing of the parties. Here, the record is
    replete with references to Mother’s financial challenges. The trial court’s final
    order references: (1) Mother’s need for CCDF benefits; (2) her need to obtain
    Medicaid assistance to cover surgery bills exceeding $200,000; (3) her inability
    to maintain her second job as a school bus driver due to acute surgical
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 21 of 24
    complications; (4) Father’s considerable child support arrearage of nearly ten
    thousand dollars ($10,000); (5) Mother’s “effective reduc[tion] [in] her income
    and [setback of] . . . several years in terms of career advancement” by relocating
    to Atlanta, app. p. 35; and (6) her weekly gross income of $480 as compared to
    Father’s of $1,072.
    [38]   As we reasoned in Haley, in which we vacated an award of attorney fees to the
    father,
    [P]ermitting the awarding of attorney fees serves to insure equal
    access to the courts despite the relative financial conditions of the
    parties. There can be no assurance of equal access to the courts
    when a party, who is in the financial position of Mother, is
    required to pay the attorney fees of another who is in a superior
    financial state. While the trial court may order a party to pay a
    reasonable amount for attorney fees of the other party, the order
    here was not reasonable and is clearly against the logic and
    effects of the facts and circumstances before the court.
    
    771 N.E.2d at 754
    .
    [39]   The instant facts are distinguishable from Haley in that this case involves
    Mother’s violation of an express court order and failure to appear for a hearing.
    We certainly have no quarrel with the trial court’s authority to punish such
    misconduct. That said, at the time of the hearing, Father was in a far superior
    financial position to Mother. Given Mother’s well-documented, financial
    challenges, we find that the extent of the award of attorney’s fees to Father was
    not reasonable and is clearly against the logic and effect of the facts and
    circumstances before the trial court.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 22 of 24
    [40]   Moreover, Father’s briefing regarding the trial court’s award of attorney fees is
    entirely and inadequately comprised of the following: “[I]t follows that the trial
    courts [sic] sanction and award of attorney fees pursuant to I.C. 31-14-18-2 is
    reasonable and also supported by the record and not an error.” Appellee’s Br.
    p. 22. Father’s failure to make cogent argument and to address this issue in a
    meaningful way is akin to failing to file a brief. In such a situation, we do not
    undertake the burden of developing an argument for the appellee. See Tisdial v.
    Young, 
    925 N.E.2d 783
    , 784-85 (Ind. Ct. App. 2010) (“We will reverse the trial
    court’s judgment if the appellant presents a case of prima facie error.”). We
    find that Mother has met the prima facie error standard.
    [41]   For the foregoing reasons, we reverse and remand with instructions to the trial
    court to determine a reasonable amount of attorney’s fees to be paid by Mother
    as sanctions for violating the trial court’s Order and for her misconduct in
    failing to appear for the December 7, 2016, hearing.2
    Conclusion
    [42]   We conclude that the trial court did not abuse its discretion in awarding
    physical custody and sole legal custody to Father or in denying Mother’s
    motion to relocate; however, the trial court erred in awarding unreasonable
    2
    The trial court’s award to Father of $83.92 in lost wages was not addressed by either party and remains in
    effect.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017        Page 23 of 24
    attorney fees to Father. We affirm in part, reverse in part, and remand with
    instructions.
    Affirmed in part, reversed in part, and remanded with instructions.
    May, J., and Bradford, J., concur.
    Court of Appeals of Indiana | Memorandum Decision 49A02-1705-JP-1015 | November 28, 2017   Page 24 of 24