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Court affirms giving father custody after mother denies parenting time

May 24, 2013

A LaPorte County mother’s decision to cut off parenting time of her three children with their father supports the trial court’s order that the father have sole legal and physical custody of the children, the Indiana Court of Appeals ruled.

In In Re The Paternity of J.T. and I.T., Minor Children; and In Re The Support of C.R.T., Minor Child; R.A.P., Mother v. C.D.T., Father, 46A05-1210-JP-544, mother R.P. appealed LaPorte Superior Judge Steven King Sr.’s order placing the children with father C.T. She argued that C.T. did not present evidence to prove a substantial change in any of the circumstances listed under I.C. 31-17-2-8, so the court abused its discretion in granting him custody.

In 2010, father was granted parenting time on a graduated scale and ordered to pay child support and an arrearage. He filed three petitions over the course of two years alleging R.P. was in contempt of the parenting time order. She had limited C.T.’s interactions with the children to several minutes on random days and denied any interaction on other days.

“Father presented evidence Mother routinely denied him the parenting time to which he was entitled. This establishes a substantial change in the interrelationship of the parties, which permits a modification in custody,” Judge Melissa May wrote.

 

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