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Trial court erred in terminating parenting time

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The Indiana Court of Appeals reversed the termination of a father's parenting time with his teenage daughters, finding the trial court erred because the decision wasn't supported by the record or statute.

In D.B. v. M.B.V., No. 32A01-0903-CV-110, father D.B. appealed the Hendricks Circuit Court's decision to terminate his parenting time based on the recommendation of the guardian ad litem that the father have no parenting time with his daughters.

Dr. John Ehrmann, who performed a custody evaluation and believed mother M.B.V. was trying to alienate D.B. from his children to punish him for his infidelity, testified at the hearing that he was concerned unsupervised parenting time would subject the father to the risk of false abuse reports and possible arrests. There had been a history of cross-accusations between the parents involving violence and stalking, and even the children had a history of food throwing and name calling with their father during their parenting time. D.B. once used his hand to break his daughter's windshield on her car.

The court-ordered visitation supervisor testified that although the children were initially reluctant to interact with their father, it improved over time, and she didn't believe the children were at risk.

The trial court ordered D.B. to abide by no-contact orders with regard to the mother and children, and to pay M.B.V.'s $14,000 attorney fees.

The Court of Appeals unanimously decided the trial court erred by denying the father's parenting time based on Indiana Code Section 31-17-4-2. Even though the statute uses the word "might" when talking about if parenting time endangers the child's physical health or emotional development, the appellate court has previously interpreted the statutory language to mean "would" endanger the child.

After examining previous cases when the court has either ruled to restrict parenting time or overturned a restriction, the Court of Appeals determined the record in the instant case involving the past interactions between the father and his children didn't approach the "the egregious circumstances in which we have previously found that parenting time may be terminated, such as when a parent sexually molests a child," wrote Judge L. Mark Bailey.

"Clearly, our parenting time statute does not provide for the elimination of parenting time because reunification counseling has proved unusually challenging or because teenagers do not wish to interact with a parent while accepting substantial financial benefits from that parent," he wrote.

The record does support an order for supervised parenting time, which would be appropriate given the volatile relationship between the parties, the children's ages, and Ehrmann's testimony that supervised parenting time would protect the father from unfounded accusations. The appellate court reversed the no-contact orders and ordered the trial court to only restrict his parenting time upon the entry of requisite statutory finding of endangerment. It also encouraged the trial court to order supervised visits.

The Court of Appeals upheld the $14,000 in attorney fees because the mother's fees were substantially less than the father's, his salary is significantly higher than the mother's, and the conduct of the father during the court proceedings.

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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