ILNews

Court must make findings in denying visitation for imprisoned dad

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A man released to probation on a murder conviction but subsequently ordered to serve the remainder of his sentence following probation violations failed to persuade the Indiana Court of Appeals to reverse denial of his request for parenting time.

Wade R. Meisberger was sentenced to 48 years in prison in the early 1990s for murder and theft in Monroe County for the killing of Michael Sawyer. He was released to probation in 2007 and fathered a child, E.M., in 2008 with Margaret Bishop, to whom he was married briefly.

The couple divorced and, in 2012, Meisberger’s probation was revoked. But he continued to push for parenting time in pro se filings, and in December 2013 the couple appeared for a hearing after which a judge found “[Mother] is opposed to parenting time at [the DOC], is opposed to transporting [E.M.] there, and indicates [Father’s] parents do not want to transport the child either.”

The judge also found that Meisberger had been a consistent part of the child’s life for only one of his five years, " and, thus, it is not in his best interest to have in person parenting time within the confines of a prison facility."

The Court of Appeals remanded the matter, finding the Jefferson Circuit Court did not make a finding regarding the endangerment of the child’s physical health or significant impairment of the child’s health, safety or emotional development as required under I.C. 31-17-4-2.

“Under these circumstances and recognizing that Mother did not file an appellee’s brief, we remand for the trial court to determine and make one or more findings as to whether the child’s physical health or safety would be endangered or whether there would be significant impairment of the child’s emotional development by allowing Father parenting time, or, in its discretion, to conduct other proceedings consistent with this opinion,” Judge Elaine Brown wrote for the panel.     

The case is In re the Marriage of: Wade R. Meisberger v. Margaret Bishop f/k/a Margaret Meisberger, 39A01-1402-DR-76.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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