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COA: Court must hold another hearing on custody

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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.
 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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