In re the Marriage of: Christopher Neal Maddux v. Suzanne Marie Maddux

40 N.E.3d 971, 2015 Ind. App. LEXIS 560, 2015 WL 4743819
CourtIndiana Court of Appeals
DecidedAugust 11, 2015
Docket49A02-1409-DR-618
StatusPublished
Cited by15 cases

This text of 40 N.E.3d 971 (In re the Marriage of: Christopher Neal Maddux v. Suzanne Marie Maddux) 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: Christopher Neal Maddux v. Suzanne Marie Maddux, 40 N.E.3d 971, 2015 Ind. App. LEXIS 560, 2015 WL 4743819 (Ind. Ct. App. 2015).

Opinion

CRONE, Judge.

Case Summary

[1] Christopher Neal Maddux (“Father”) appeals an order denying his motion for modification of primary physical custody of his two sons. He claims that the trial court’s findings of fact do not support the judgment with respect to the best interests of the children. 1 We reverse and remand for proceedings consistent with this opinion.

Facts and Procedural History'

[2] In March 2005, the trial court issued a decree dissolving the marriage of Father and Suzanne Marie. ’Maddux (“Mother”). ' As part of the decree, the court granted joint legal custody, awarded Mother primary physical custody of the couple’s children, G.M. and C.M. (collectively “the Children”), then ages three and one, and granted Father ’parenting time according to the Indiana Parenting Time Guidelines.

[3] Father subsequently remarried and lives with his wife (“Wife”), their three children, and Wife’s child from a previous relationship. As of 2006, Mother and the Children moved in with Mother’s parents (“Maternal Grandmother and Maternal Grandfather”). Maternal Grandfather has a felony child molesting conviction from thirty years ago. Mother’s and Father’s residences are approximately two miles apart.

[4] In .2011, Mother alleged that Father was physically abusing C.M., and she filed a petition for a protective order. Her petition was granted, and the Department of Child Services (“DCS”) began proceedings to determine whether C.M. was a child in need of services (“CHINS”). The abuse allegations against Father were unsubstantiated, and Father filed a petition for custody modification in the CHINS court. The CHINS court appointed Dr. Richard Lawlor to perform a custody evaluation. Mother and Father submitted to the evaluation, and Dr. Lawlor recommended that Father be given custody based on Mother’s pattern of undermining *973 his relationship with the Children by demeaning him to the Children, interfering with his parenting time, and failing to inform him of important matters pertaining to legal custody;- The CHINS court held a hearing in March 2012. In June 2012, the CHINS court issued special findings and a judgment dismissing the protective order and denying Father’s request for custody modification. By this time, Father had not had his. parenting time with the Children for approximately a year. As part of the order, Father was to undergo, two weeks of supervised parenting time and resume normal unsupervised time thereafter.

[5] Mother did not bring the Children to the first unsupervised parenting time exchange at the beginning of July 2012 and allowed Father only a few days of parenting time instead of half the summer as required by court order. On July 15, 2012, Mother accused Father of abusing C.M. by smacking him on the face. She called the police, but no criminal charges were filed. The next-day, DCS received a report of the alleged abuse, but found it to be unsubstantiated.

[6] On September 1, 2012, Father had parenting time with the Children at his, home. During that time, an auto accident occurred in front of Father’s home, and he and Wife went outside to assist the victims and talk with police. Father and Wife could see the Children playing inside the house. C.M. began texting Mother, who became concerned that C.M. was being hurt, presumably by Father. She called the police, and the investigating officer was the same officer who had been present with Fathér at the accident scene. The officer found that Father could not have harmed C.M. and that C.M. showed no signs of injury. 2 The alleged abuse was unsubstantiated.

[7] During his parenting time on September 16, 2012, Father took the Children and three others to the park. C.M. later told Maternal Grandmother that Father had wrapped his head in bubble wrap and struck him' in the stomach and nose. Two days after the alleged incident, C.M. had a regularly scheduled appointment with his otolaryngologist for nasal cauterization. The doctor found no evidence of an injury, and neither Mother nor C.M. mentioned it to him. Maternal Grandmother contacted DCS. Although DCS initially substantiated the incident, it was later found to be unsubstantiated.

[8] Mother denied Father any parenting time after September 16, 2012. On September 28, 2012, she sought and was granted a protective order against Father stemming from her bubble wrap allegation. In October, the Indianapolis Metropolitan Police Department sent a detective specializing in child abuse cases to investigate the allegations. Meanwhile, in November 2012, Father filed a verified petition for contempt against Mother based on her denial of his court-ordered parenting time and her failure to notify him of the Children’s medical appointments. He also filed a verified motion to enforce parenting time. In December 2012, the detective notified Mother that criminal charges would not be filed due to a lack of evidence. In February 2013, Mother filed a verified petition for modification of parenting time, claiming that a criminal investigation was pending regarding her allegations that Father had abused C.M. with bubble wrap. The bubble wrap allegation was never, substantiated. ■

*974 [9] On September 24, 2013, Father filed a verified petition for modification of physical and legal custody. He also sought a permanent injunction prohibiting Mother from interfering with parenting time and filed a motion to appoint a guardian ad litem (“GAL”). GAL Denise Háy-den interviewed the Children as well as Mother and Father. She found many of C.M.’s responses to her questions about Father to be strange and possibly coached and found him to be immature. She found that C.M. might be demonstrating his love and support for Mother “by going along with whatever she says and by endorsing her no matter what.” Appellant’s App. at 246. GAL Hayden also reported that she did not believe that Father was abusive to the Children and that she “[did] not believe that mother [would] willingly allow the children to have a healthy relationship with their father.” Id In January 2014, she filed her GAL report recommending that Father be granted custody and that Mother have supervised visitation pending a psychological evaluation.

[10] On March 14, 2014, Father sought an emergency custody hearing and emergency order of custody modification. At the emergency hearing, the trial court dismissed the protective order against Father and denied his emergency petition for custody modification. The trial court held all other motions for consideration during a hearing eventually conducted in May 2014.

[11] On August 12, 2014, the trial court entered findings of fact and conclusions thereon in an order holding Mother in contempt, for denying Father’s parenting time, denying Father’s petition for custody modification, adjusting Father’s weekly child support obligation upwards to $175, and- directing Mother to pay $20,000. of Father’s attorney fees.

[12] Mother filed a motion to reconsider the contempt finding and the order of attorney fees, which the trial court denied. Father now appeals the trial court’s denial of his petition for custody modification and recalculation of child support. Additional facts will be-provided as necessary.

Discussion and Decision

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Bluebook (online)
40 N.E.3d 971, 2015 Ind. App. LEXIS 560, 2015 WL 4743819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-christopher-neal-maddux-v-suzanne-marie-maddux-indctapp-2015.