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Order prohibiting boyfriend from spending time with children too broad

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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.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. 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

  4. 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

  5. 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

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