In Re Yeamans

72 P.3d 775
CourtCourt of Appeals of Washington
DecidedJuly 14, 2003
Docket50128-3-I
StatusPublished
Cited by16 cases

This text of 72 P.3d 775 (In Re Yeamans) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Yeamans, 72 P.3d 775 (Wash. Ct. App. 2003).

Opinion

72 P.3d 775 (2003)
117 Wash.App. 593

In re: David YEAMANS, natural father, Appellant, and
Brianna Yeamans, minor child, Petitioner,
v.
Angie Knowles, natural mother, and Respondent,
Randy Knowles, presumed father, Respondent.[†]

No. 50128-3-I.

Court of Appeals of Washington, Division 1.

July 14, 2003.

*776 Matthew I. Cooper, Attorney at Law, Bellevue, WA, for Appellant.

Steven B. Shea, Attorney at Law, Everett, WA, for Respondent.

COLEMAN, J.

David Yeamans appeals a trial court order modifying a parenting plan. We decide that the trial court did not abuse its discretion when it required that Yeamans' daughter be transported by air from Pullman to Seattle for her monthly trips to visit her mother. But the trial court erred when it failed to allocate the long distance and child care expenses in proportion with the parents' basic support obligations. The trial court lacked the authority to deviate from the apportionment of the extraordinary expenses without first deviating from the basic support obligation. We reverse and remand those portions of the order.

FACTS

David Yeamans and Angie Knowles are the parents of Brianna, age 8. Paternity was established through a parentage action. Knowles is a recovering alcoholic and has had limited ability due to her alcoholism to care for Brianna until recently. Yeamans has been the primary residential parent since Brianna was three years old.

Before Yeamans became the primary residential parent, Knowles' former in-laws, Lew and Lynda Gruber, cared for Brianna at their home in Bothell. The Grubers are not related to Brianna. After Brianna turned three and began living with Yeamans in Des Moines, Brianna continued to have substantial contact with the Grubers. They were court-appointed supervisors of Knowles' bi-monthly weekend residential time. As a practical matter, Knowles' residential time with Brianna has been exercised by the Grubers at their home.

Yeamans' relationship with the Grubers has been quite contentious. The Grubers have sought continued access to Brianna, but Yeamans has resisted their efforts due to his concerns about Brianna's safety while with them. The trial court found that the Grubers are heavy smokers and have a history of alcohol abuse, Brianna has sustained several avoidable injuries while in their care, such as cigarette burns, and two of the Grubers' sons have been convicted of violent felonies (one of their sons, Randy Knowles, who is Knowles' ex-husband, was imprisoned for a severe assault on Knowles). The Grubers also assisted their son, Randy, to forcibly remove his child, Brianna's half-sister, from Knowles' custody. The trial court found that the conflict between Yeamans and the Grubers has had an extremely detrimental effect on Brianna.

In 1999, Yeamans moved to Pullman. He requested modification of the parenting plan to reflect the changed circumstances. The trial court granted the modification, but found that Yeamans' preferred reason for moving—to get a promotion—was "not convincing" because that job amounted to more of a "lateral transfer," similar jobs were available in Puget Sound, and at the time of trial, he was planning on leaving that job. It found that Yeamans more likely moved to minimize conflict between himself and the Grubers. The court, however, also expressed concerns about the Grubers' contentious behavior and found them marginally qualified as caregivers. Nevertheless, Brianna had a bond with them due to the substantial time she spent with them during her early years. Brianna had also bonded with her half-siblings who lived with and/or spent time with the Grubers.

At the end of the modification trial, the trial court concluded that the Grubers' supervision of Knowles' visits was no longer necessary in light of Knowles' steps toward *777 alcoholism recovery. But because Knowles' recovery was still in progress and Brianna's well-being when with the Grubers was uncertain, the court imposed several restrictions on the Grubers. Those restrictions prohibited the Grubers from smoking near Brianna or taking her to their house. The court also granted Yeamans the right to object to Knowles' use of the Grubers for no-cost day care for Brianna while Knowles works, provided that he pay 100 percent of the cost for alternate child care. But if Knowles decides to switch day care providers, Yeamans and Knowles must bear the cost of such care in proportion with their monthly net incomes, 70 percent and 30 percent respectively. In modifying the parenting plan, the trial court also ordered that Brianna be flown to SeaTac from Pullman or Spokane. Previously, Yeamans had driven Brianna half-way to Vantage, where Brianna was picked up by the Grubers. The trial court also ordered Yeamans to pay for 100 percent of the long distance travel expenses up to $350, with any excess to be paid by Knowles.

Yeamans contends on appeal that the trial court abused its discretion when it ordered him to pay 100 percent of the long distance travel expenses and 100 percent of the child care expenses if he objects to Knowles' use of the Grubers as child care providers. He also claims that there was no substantial evidence to support the trial court's requirement to transport Brianna by air, rather than car as had been the parties' practice and which would be available under the modified parenting plan only with Knowles' consent.

DISCUSSION

A. Long Distance Air Travel Requirement

Modification of a parenting plan is subject to the discretion of the court. In re Marriage of Wicklund, 84 Wash.App. 763, 932 P.2d 652 (1996). It must not be based on untenable reasons or grounds or be manifestly unreasonable. In re Marriage of Kovacs, 121 Wash.2d 795, 801, 854 P.2d 629 (1993).

A court's decision is manifestly unreasonable if it is outside the range of acceptable choices, given the facts and the applicable legal standard; it is based on untenable grounds if the factual findings are unsupported by the record; it is based on untenable reasons if it is based on an incorrect standard or the facts do not meet the requirements of the correct standard.

In re Marriage of Littlefield, 133 Wash.2d 39, 47, 940 P.2d 1362 (1997).

Yeamans' challenge to the court's air transportation requirement primarily rests upon his argument that the trial court did not consider or give sufficient weight to the child's and the parents' schedules, airline schedules, and the cost of air travel versus road transport. The record reflects, however, that the court did consider these factors. The court's written findings state the following reasons for requiring air travel:

The court further finds that given the time and expense to drive round trip from Pullman and also considering the Father's opposition to the Grubers acting as intermediaries for meeting half way, but particularly the mere fact that the round trip for this child to Pullman is some 630 miles for each residential period with the Mother as well as the testimony that the round trip airfare, as of a year and a half ago was $109, that the court will require the arrangements to be made for air travel for the Mother's residential time with Brianna....

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Cite This Page — Counsel Stack

Bluebook (online)
72 P.3d 775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-yeamans-washctapp-2003.