ILNews

COA still finds supervised visitation argument moot

Back to TopCommentsE-mailPrint

After acknowledging that a father did file a reply brief arguing the issue of supervised parenting time was not moot, the Indiana Court of Appeals on rehearing still found his argument to be moot.

In the original decision, the COA found Kevin Stone’s argument that the trial court erred in ordering his visitation with his daughter supervised to be moot based on the mother’s submission of a recent court-approved agreement by the parties granting unsupervised visitation to Stone.  The judges said that Stone did not file a reply brief that the issue was not moot.

In the 3-page rehearing issued Thursday in Kevin C. Stone v. Jennifer M. Stone, 49A02-1210-DR-820, after noting Stone did in fact file that reply brief, the judges remained “convinced that Father’s supervised visitation argument is moot.”

“We cannot grant Father effective relief regarding visitation because he already has obtained the relief originally sought on appeal with respect to restriction of his visitation rights,” Judge Michael Barnes wrote.

“We have remanded for the trial court to conduct a new custody hearing because of its abuse of discretion in denying Father’s continuance request. If the trial court were to reimpose supervised visitation upon Father based on evidence presented at that hearing, or any other hearing, it would present entirely new grounds for appeal based on a different evidentiary record than we are presented with at this time.”
 

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT