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Parallel parenting provision divides COA

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In reversing a trial court’s modification of the custody agreement even though neither parent requested a change in custody, the Indiana Court of Appeals split over how much discretion a Parallel Parenting Time Order grants a court.

The Fulton Circuit Court gave joint physical and legal custody to Shelly Bailey and her ex-husband Lance Bailey after the pair had traded contempt petitions and Shelly Bailey petitioned to restrict Lance Bailey’s visitation.

On appeal, Shelly Bailey charged the trial court should not have modified physical custody because neither party made such a request.

The Court of Appeals agreed, finding although Shelly Bailey agreed that the trial court could enter a Parallel Parenting Time Order, that was not a concession that the lower court could modify the children’s physical custody. Neither parent filed a petition requesting a change in custody and neither party presented any arguments for changing custody arrangements.

“Most importantly for purposes of this case, nothing in the new Parallel Parenting provision demonstrates any intent that it should affect the amount of parenting time awarded, except for possible elimination of mid week parenting time, makeup parenting time, and opportunities for additional parenting time that appear elsewhere in the Parenting Time Guidelines,” Judge Michael Barnes wrote for the majority in Shelly Bailey v. Lance Bailey, 25A04-1309-DR-452.

In his dissent, Judge John Baker asserted the Parallel Parenting provision would affect the amount of parenting time by reducing the father’s visitation. He also pointed to the instructions accompanying the Parallel Parenting Time Orders that the best interests of the children are paramount and the court recognize one parent could create a high-conflict situation.
 
Baker contended the trial court was trying to satisfy the best interests of the children as well as prevent further destructive behavior.
 
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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