ILNews

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. 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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