Kasey Parsons v. Ryan Brock

Summary

The Indiana Court of Appeals considered whether the trial court properly reinstated a father's parenting time after previously finding him a clear and present danger to the children and their mother. The court held that the trial court improperly focused on the mother's reconciliation with the father rather than requiring evidence that resuming parenting time served the children's best interests and that the father no longer posed a danger. The judgment was reversed and remanded.

Holdings

1. A restriction on parenting time is intended to protect the children and cannot be waived by the custodial parent's conduct. When a parent seeks to remove an existing restriction, the requesting parent must present evidence that the concerns underlying the restriction have been remedied and that restarting parenting time is in the children's best interests.
2. The parent seeking to modify an existing restriction on parenting time bears the burden of proving that the existing arrangement should be altered and that modification serves the children's best interests.

Questions Presented

1. Whether the trial court abused its discretion by removing restrictions on Father's parenting time based principally on the parents' reconciliation and Mother's failure to comply with the prior order, rather than evidence that Father no longer endangered the children and that renewed parenting time served their best interests.
2. What burden and statutory standard apply when a parent seeks to modify an order restricting parenting time.

Disposition

reversed_and_remanded