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COA affirms order mother attend psychotherapy

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Ruling on a matter of first impression, the Indiana Court of Appeals upheld a trial court’s decision to impose psychotherapy in a marital dissolution and custody order.

The issue arose in Lesley Farley Pitcavage v. Joel Michael Pitcavage, 29A02-1307-DR-597, in which Hamilton Superior Judge Daniel J. Pfleging ordered Lesley Pitcavage to undergo psychotherapy in order to participate in parenting time with her young daughter.

The Pitcavages have one child from their short marriage and Lesley Pitcavage has two children from a previous relationship. Joel Pitcavage had concerns about how his wife and her daughter A.F. interacted – they argued and got into physical altercations at times, and the mother was often passive to A.F.’s violent outbursts. Both are victims of sexual assault and violence, with A.F.’s perpetrator being Lesley Pitcavage’s brother.

Out of work, Joel Pitcavage moved to the St. Louis area and told his wife he wanted to take their daughter with him. She filed for divorce in 2010, and they battled over custody of the girl. The court-appointed clinical psychologist recommended Joel Pitcavage receive primary physical and sole legal custody – which the court granted – and that Leslie Pitcavage participate in “intensive individual pyschodynamically oriented psychotherapy.”

“We recognize that parents have an interest in rearing their children without undue interference from the courts, but in any child-related matter—whether it be custody, visitation, or termination of parental rights—the best interests of the child must be the primary consideration,” Judge Patricia Riley wrote. “Court-ordered psychotherapy may not be appropriate in every case, but here, where the evidence supports the mandate, we find the Child’s emotional development outweighs Leslie’s opposition to psychotherapy. Because the parenting time condition is based upon the trial court’s endeavor to protect the child’s emotional well-being, we cannot say that it was an abuse of discretion for the trial court to order Leslie to attend psychotherapy.”

The judges also affirmed the rest of the divorce decree with the exception of the valuation of Leslie Pitcavage’s 401(k) account. They ordered the trial court to enter a value of $56,820.36, the amount of the account as of Jan. 1, 2010. The trial court had valued it at $10,424.99, the amount she contributed to the account during the marriage.

 

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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