Recent Appeals Decision – In re J.T.
This was a paternity case involving 3 children. The mother denied parenting time leading to 3 contempt citations. The court found that the mother denied parenting time 31 times over a period of two years. The court found that this pattern of denial was unlikely to change and that a change of custody was necessary to preserve the husband’s relationship with the children. The court of appeals held that:
Father presented evidence Mother routinely denied him the parenting time to which he was entitled. This establishes a substantial change in the interrelationship of the parties, which permits a modification in custody. See In re Marriage of Cain, 540 N.E.2d 77 (Ind. Ct. App. 1989) (modification of custody affirmed based on breakdown of communication and cooperation between the parties regarding parenting time). Accordingly, we affirm the juvenile court’s decision to place the children with Father.