ILNews

Court must make findings in denying visitation for imprisoned dad

Back to TopCommentsE-mailPrintBookmark and Share

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The couple divorced and, in 2012, Meisberger’s probation was revoked.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.

 

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. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

ADVERTISEMENT