ILNews

COA: Court must hold another hearing on custody

Back to TopCommentsE-mailPrintBookmark and Share

A trial court may refuse to approve a settlement agreement entered into by parents regarding custody of minor children, the Indiana Court of Appeals pointed out Tuesday, but in this case, the court erred by not granting the father’s motion for a continuance regarding his mental health evaluation.

The judges ordered a new hearing on custody of M.S., the daughter of Kevin and Jennifer Stone. The two entered into a settlement agreement regarding custody and division of marital property and asked the court to approve it. But the judge decided not to approve the portion regarding custody, citing concerns about Kevin Stone’s mental health. He made threats to Jennifer Stone after the divorce was filed and communicated with her family, her neighbors and M.S.’s teacher that Jennifer Stone was a fraud, thief and liar. He also refused to communicate with her unless through their child.

Kevin Stone sought three continuances of the hearing on the custody issue so he could hire counsel and obtain a mental health evaluation that the judge ordered. But the judge denied his motions and ruled that Jennifer Stone should have sole custody of M.S., with Kevin Stone having supervised parenting time. The judge noted that she would consider the results of the evaluation at a later hearing. The evaluation found no reason that Kevin Stone shouldn’t have some custody of his child.

In Kevin C. Stone v. Jennifer M. Stone, 49A02-1210-DR-820, the Court of Appeals affirmed that the trial judge could reject the parties’ settlement agreement regarding child custody. The judges pointed to statements made by Kevin Stone that he gave up the marital residence so that he could have joint legal and physical custody of M.S. This is why courts must review agreements on child custody, to ensure children aren’t being used as bargaining chips, Judge Michael Barnes wrote.

“If a party is having second thoughts about the propriety of a child custody agreement, we do not see why a trial court should be prohibited from taking such reluctance into consideration when deciding how thoroughly to examine whether the agreement suits the child’s best interests, which is the ‘overriding’ concern in any dissolution where children are involved — a concern that trumps the interest in promoting the settlement of disputes,” he wrote.

But the judge abused her discretion in denying the continuance relating to Kevin Stone’s mental health evaluation. The judge had concerns about his mental health regarding custody and there was no evidence or testimony to support the findings made by the judge. A continuance wouldn’t prejudice Jennifer Stone, so the judges ordered a new hearing on custody.

The COA also reversed the portion of the order that Kevin Stone pay $5,000 in attorney fees to Jennifer Stone.
 

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. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  2. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  3. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  4. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

  5. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia

ADVERTISEMENT