In Re: The Marriage of: Caleb E. Campbell v. Anna P. Campbell

993 N.E.2d 205, 2013 Ind. App. LEXIS 459, 2013 WL 4080663
CourtIndiana Court of Appeals
DecidedJune 19, 2013
Docket71A03-1210-DR-420
StatusPublished
Cited by25 cases

This text of 993 N.E.2d 205 (In Re: The Marriage of: Caleb E. Campbell v. Anna P. Campbell) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re: The Marriage of: Caleb E. Campbell v. Anna P. Campbell, 993 N.E.2d 205, 2013 Ind. App. LEXIS 459, 2013 WL 4080663 (Ind. Ct. App. 2013).

Opinion

OPINION

BROWN, Judge.

Caleb E. Campbell (“Father”) appeals the trial court’s September 11, 2012 decree of dissolution of marriage which in part awarded custody of Z., the biological son of Father and adopted son of Anna P. Campbell (“Mother”), to Mother. Father raises three issues, which we revise and restate as:

I. Whether the court erred in awarding custody of Z. to Mother;
II. Whether the court erred in ordering that Z.’s grandparents participate in family therapy; and
III. Whether the court erred in its division of the marital estate.

We affirm in part, reverse in part, and remand.

FACTS AND PROCEDURAL HISTORY

Father and Mother were married in June 2005. Father and Mother had two children together, and Mother adopted Z., who was Father’s biological son from a previous relationship. On February 11, 2011, Mother filed a petition for dissolution of marriage. The parties each filed petitions for provisional relief regarding temporary custody of the children, parenting time, and payment of marital expenses. Following a hearing, on April 1, 2011, the court entered an order of provisional relief in which it found in part that the parties would share legal and physical custody of the children and that Mother would have use of the parties’ tax refund, Father’s Pell Grant funds, and the parties’ joint bank deposits for necessary expenses and was to keep an accounting of the expenses. The parties subsequently filed motions related to the school the children would attend, parenting time, and Mother’s relocation. The court held an evidentiary hearing on July 16, July 31, and August 6, 2012, related to the petition for dissolution and pending motions at which the parties presented testimony and evidence. On August 20, 2012, the court entered a provisional order that the children attend school in the school district of Mother’s residence pending the issuance of the final decree.

On September 11, 2012, the court issued a decree of dissolution of marriage finding that Mother should have sole legal and physical custody of the three children, dividing the marital estate, awarding Father parenting time according to the Indiana Parenting Time Guidelines, ordering Father to pay weekly child support, and ordering the parties, the children, Vicky Miles (“Maternal Grandmother”), and Bruce Dickey and Adele Dickey (“Paternal Grandparents”) to participate in extensive family therapy. With respect to its custody determination, the court made the following findings:

Applying these factors [Ind. Code § 31-17-2-8] to the facts of this case:

(1) the children are ages 11[Z.], 6, and 4 and are two boys and a girl;
(2) both parents wish to have physical custody of the minor children;
(3) the wishes of the children have not been solicited based upon their age and none of the children have attained the age of 14;
(4) the children interact well and have a loving relationship with both parents. Mother has been the stay-at-home parent of the children for most of their lives and the children are closely and emotionally bonded with *208 Mother. The children have strong relationships with their siblings and although [Z.] is not a biological child of [ ] Mother, Mother has been the primary caretaker of [Z.] and [Z.’s] significant relationship "with his siblings is a very important factor. [Z.] has made misrepresentations about actions in his life, as a method to seek attention, even negative attention, and that should be addressed in the counseling as ordered below. Hopefully, after the turmoil of this litigation is concluded, [Z.] will adjust well; the other children are well adjusted. The extended families of both parties have rendered significant assistance. The children should continue to have contact in both homes with the extended family members.
(5)(A) the children’s adjustment to their home has been disrupted based upon the loss of the [] property because of financial issues;
(5)(B) the children will not be attending the same Christian, school they had attended by agreement of the . parties as they neither nor other family members can afford to continue to pay the private educational expenses;
(5)(C) the children’s adjustment to the St. Joseph County community is well established even though they will be attending a new school this fall. The reality is that these young children are adaptable and should be able to make new friendships at their age and the school system in Mother’s school district;
(6) the mental and physical health of all of the individuals involved; [ ] Mother has a condition with her bladder that is painful and that requires significant medication, but Mother has properly administered the medication as prescribed and it is not an impediment to her for providing good parenting. However, Father on occasion, has abused alcohol and one occasion urinated on [Father’s other son’s] bed while he slept. Neither Father nor Mother has any other significant health issues other than the depression normally associated with the end of the marriage and loss of contact with the children. However, [Z.’s] biological mother, who has had limited contact with [Z.], suffers from significant mental illness and Mother has been reluctant to allow [Z.] to have unsupervised contact with the biological mother. Supervised contact with the biological mother of [Z.] should be continued, if Father wishes to allow that during his parenting time period and Mother, as legal custodian, does not object. Mother should have no obligation to continue that contact during her parenting time;
(7)the evidence of a pattern of domestic or family violence by either parent; Father has not committed domestic violence against Mother, however, a protective order did issue as discussed and Father did violate the protection order by failing to comply with the prohibition of contact ... at a music concert. Father was found in contempt.
The Court has weighed the above factors in entering its order. Mother should have sole legal and physical custody.

Appellant’s Appendix at 14-17. The court also found “that the relocation of Mother to Osceola from the 5th Street address is insignificant and Mother is authorized to *209 continue residence is [sic] her current Osceola residence with the minor children.” Id. at 17. The court later issued an order, at Mother’s request, restoring Mother’s maiden name.

DISCUSSION

In issuing the decree of dissolution, the trial court entered findings of fact and conclusions of law. Where a trial court has made findings of fact, we apply the following two-tier standard of review: whether the evidence supports the findings of fact, and whether the findings of fact support the conclusions thereon. Yanoff v. Muncy, 688 N.E.2d 1259, 1262 (Ind.1997).

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Bluebook (online)
993 N.E.2d 205, 2013 Ind. App. LEXIS 459, 2013 WL 4080663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-caleb-e-campbell-v-anna-p-campbell-indctapp-2013.