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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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