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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. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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