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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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