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COA rules on parenting time restriction

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Indiana Court of Appeals judges had differing opinions as to whether the trial court was required to enter findings during a hearing in which a mother's parenting time was restricted. One judge believed because she was granted parenting time, the court didn't have to enter findings pursuant to Indiana Code, and she can't challenge the court's failure to make any findings.

Judge Terry Crone wrote in his dissent that Indiana Code Section 31-14-14-1 requires the trial court to enter findings only when it denies any parenting time to the noncustodial parent. Judges Elaine Brown and Melissa May interpreted that statute to require a court to make a specific finding of physical endangerment or emotional impairment before restricting a noncustodial parent's visitation.

"To equate reasonable parenting time with the full panoply of visitation rights pursuant to the Parenting Time Guidelines and to allow a deviation therefrom only in situations where there is child endangerment would severely limit a trial court's ability to fashion a visitation schedule that best suits the situation of the parents involved. Such a result would be ill advised," wrote Judge Crone.

In T.W. v. S.N. III, No. 49A05-0903-CV-138, mother T.W. appealed the trial court's grant of a petition to modify child custody granting father S.N. III physical custody of their teenage son. She also argued the trial court abused its discretion by limiting her parenting time. The trial court found it would be in the best interests of the son to live with his father in Indianapolis, and the Court of Appeals unanimously agreed.

But Judges Brown and May agreed with the mother regarding the parenting time limitations and remanded for the court to either enter an order containing sufficient findings to support a visitation restriction or enter an order that doesn't contain a visitation restriction. After granting physical custody of their son to his father, the trial court ordered T.W. to have parenting time pursuant to the Indiana Parenting Time Guidelines, with the exception she only have one weekend a month of parenting time.

The majority found the restriction to be an error because the trial court didn't release a finding that a restriction was warranted. Using Farrell v. Littell, 790 N.E.2d 612, 616 (Ind. Ct. App. 2003), the majority determined the use of the word "might" in I.C. 31-14-14-1 means the court can't restrict visitation unless it would endanger the child's physical health or well-being.

Judge Crone argued because T.W. was granted parenting time, the court wasn't required to enter findings pursuant to statute, so she can't challenge the court's failure to enter such findings.

"Mother may challenge only whether her parenting time is reasonable. Based on the record before us, including evidence regarding the significant geographical distance between Mother and Father, I conclude that it is," he wrote.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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