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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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