ILNews

Court reverses suspension of mother's parenting time

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals reversed the modification of a mother’s parenting time to end any visitation with her autistic son because the father didn’t present evidence justifying terminating the parenting time. The judges also encouraged the mother to attend parenting classes or therapy to learn how to better deal with her son’s special needs.

Mother P.S. and father W.C. had one son together, W.C., who has been diagnosed with autism spectrum disorder. In May 2010, the mother’s parenting time was modified to Sundays from noon to 1 p.m. at a local McDonald’s, with the father supervising, and telephone calls on Wednesdays between 3 and 5 p.m. Mother was also ordered to treat their son appropriately for his age as a 10-year-old and refrain from talking about adult topics with him.

The father documented the visits and phone calls in a three-page journal, noting P.S. brought calendars with court dates on them, asked her son to tell her “I love you” so she could record it, and brought up his old school and behavior. She also fed him, brought him toys and books appropriate for preschoolers, and spoke baby talk to him on the phone.

After one of the visits, the son became upset and soiled himself that day. The son also reverted back to baby talk and became obsessed with baby things instead of items appropriate for a 10-year-old.

At a hearing, the mother explained that she brought the calendars because she knew her son liked them and didn’t think he’d know what the court dates meant; that she was just reminiscing when she brought up his old school and behavior to show how much he has grown; and that she had possibly referred to him as “baby,” but is trying to treat him like a pre-teen.

The trial court suspended her parenting rights and any other contact with her son and granted a protective order against her until July 2020, when W.C. would be 20.

In Paternity of W.C.; P.S. v. W.C., No. 82A04-1008-JP-496, the judges found father W.C. did not prove the need for such a restriction on P.S.’s parenting time. The evidence he presented was his journal; no guardian ad litem, therapist, or any other professional or objective witness testified. Based on the journal, the court found the mother’s actions endangered her son’s physical health and mental well-being by causing W.C. to be upset and anxious and impaired his emotional development.

While mother needs to improve her parenting skills, the evidence shows she loves her son and wants to be a part of his life and even brings him gifts, wrote Judge Nancy Vaidik.

“This case throws into sharp relief the challenge of protecting a child’s emotional development and physical health and well-being while also recognizing a parent’s ‘precious privilege’ of exercising parenting time with that child. We do not minimize the behavioral issues W.C. has exhibited following Mother’s parenting time. However, Father simply did not present evidence justifying termination of what little parenting time Mother had left,” she wrote.

The appellate court reinstated the previous parenting time and asked the trial court to vacate the 10-year protective order. On remand, the judges encouraged the trial court to consider ordering the mother to attend parenting classes so she can learn how to appropriately deal with W.C.’s special needs. They also suggested the parenting time be supervised by a third party.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT