ILNews

Order prohibiting boyfriend from spending time with children too broad

Back to TopCommentsE-mailPrintBookmark and Share

The longtime boyfriend of a mother of triplets should be allowed to continue his relationship with her children as long as it does not undermine or damage the relationship with their father, the Indiana Court of Appeals ruled Thursday. As such, the judges reversed the order preventing the boyfriend from spending time with the children alone.

Charity and Cory Lindquist divorced when their triplets were around 3 years old. Charity Lindquist began a relationship with Robert Criswell and she and the children lived with Criswell for nearly seven years before moving out when the children were 9. Charity Lindquist and Criswell continue to date.

After she moved out, Charity Lindquist continued to allow Criswell to spend time with the children and take them on family vacations without her.

At a court hearing regarding parenting time, Cory Lindquist said he wanted to spend as much time with his children as he can, but his ex-wife refused him chances to do so. He also believed the relationship between the triplets and Criswell is undermining his relationship with the children.

The trial court found Charity Lindquist in contempt for refusing parenting time with her ex during Christmas 2012 and then ordered that Criswell is not allowed to spend any time one-on-one with the children unless Charity Lindquist is present because Criswell’s relationship has interfered with the children’s relationship with their father.

Charity Lindquist appealed in Charity Lindquist v. Cory Lindquist, 23A04-1306-DR-277, in which the appellate court reversed the portion of the order preventing Criswell from spending alone time with the children, citing Section I(C)(3) of the Parenting Time Guidelines. Criswell has developed a meaningful relationship with the children, so he should be able to continue to see them as long as it is in the children’s best interests. There are no allegations of abuse or neglect. But, this relationship should not undermine or damage the triplet’s relationship with their father, Judge John Baker pointed out.

Cory Lindquist should first be given the opportunity to exercise additional parenting time before Criswell is allowed to spend unsupervised time with the children.

The judges affirmed the portion of the order finding Charity Lindquist in contempt for denying parenting time last Christmas. They remanded with instructions that the trial court craft an order permitting the children to maintain their relationship with Criswell and to spend unsupervised time with him because it is within the children’s best interest to do so, and so long as that relationship does not interfere with or impede Cory Lindquist’s opportunity to exercise his parenting time in accordance with the guidelines.
 

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
  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

ADVERTISEMENT