Marriage of J.M. v. N.M.

844 N.E.2d 590, 2006 Ind. App. LEXIS 593
CourtIndiana Court of Appeals
DecidedMarch 31, 2006
DocketNo. 64A05-0510-CV-623
StatusPublished
Cited by33 cases

This text of 844 N.E.2d 590 (Marriage of J.M. v. N.M.) 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
Marriage of J.M. v. N.M., 844 N.E.2d 590, 2006 Ind. App. LEXIS 593 (Ind. Ct. App. 2006).

Opinion

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

J.M. ("Father") appeals the order dissolving his marriage to N.M. ("Mother").

We affirm.

ISSUES

1. Whether the trial court erred in restricting Father's parenting time with the parties' minor child.
2. Whether the trial court abused its discretion in distributing the marital estate.
3. Whether the trial court abused its discretion when it ordered Father to pay certain attorney fees incurred by Mother.

FACTS

Father and Mother married on June 3, 1995. In 1996, Father graduated from law school and began practicing law. On September 20, 1998, the parties' minor son M. was born. Before the birth of M., Father sought counseling "to make [himJself a better person," which counseling continued until October of 2001, when he began therapy at the University of Chicago ("U.C.") for "longstanding" obsessive compulsive disorder. (Tr. 295, Ex. F). After being [594]*594treated there for about a year, Father terminated his therapy. He returned to U.C. for treatment in April 13, 2004, but then chose to terminate that treatment on June 15, 2004, with the therapist noting "poor prognosis." (Ex. F).

In late July of 2004, a partner in Father's firm found him "sobbing" and "shaking" with "his head down on his desk." (Tr. 151). Father informed the law firm that he had "an anxiety disorder" that was "getting worse," that he was "drinking to cope," and that he had been advised to seek an "extensive ... treatment program for [his] anxiety" problems. (Tr. 154, 155). Father took leave from his employment and went on short-term disability.

Father entered an inpatient treatment program at Menninger Clinic in Texas on August 27, 2004, for "severe anxiety," obsessive compulsive disorder, major depression, and post-traumatic stress disorder as well as an "alcohol ... problem." (Ex. E). On September 4, 2004, Father was discharged at his request, and the Clinic "ree-ommended that he continue inpatient treatment" elsewhere. Id.

On September 8, 2004, Father began intensive therapy treatment at Linden Oaks-three-hour sessions four times a week on an outpatient basis. After four weeks, his therapist, Dr. McGrath, discharged him and advised him to follow up "as needed." (Tr. 18). In the next year, there were two sessions between McGrath and Father and several telephone conversations.

Upon his return from Texas, Father had attempted a return to work. However, shortly thereafter he decided he no longer wanted to work for the law firm and terminated that relationship. Father chose to remain unemployed for six months; he then began work with another law firm in 2005.

In the meantime, on October 15, 2004, Father had filed a petition for dissolution. On October 27, 2004, with counsel, the parties entered into an agreed provisional order. The order provided parenting time for Father but specified that Father "shall not consume aleohol either before his parenting time or during his parenting time"; and that if Mother "reasonably believe[d]" he was "impaired as a result of alcohol consumption," she had the right to cancel the visit unless Father submitted to a breathalyzer test administered by law enforcement and the results showed no more than a .02 blood aleohol content. (Father's App. 72). Father was not ordered to pay child support, but any "income from whatever source" was to be deposited in the parties' joint checking account for payment of marital bills Id. at 78. Further, Father's use of the joint checking account was limited to paying "monthly rent and drycleaning expenses," and his credit card usage was also limited to specific enumerated purposes. Id. According to the order, the amount of "additional credit card purchases ... other than those mentioned" would be "deducted from" Father's "share of the marital estate." Id. The provisional order also reflected the parties' agreement that Linda Lakin would be appointed as Guardian ad Litem ("GAL") for M.

On January 14, 2005, Mother filed a verified petition for a protective order and a verified petition to modify parenting time. The former alleged instances in which Father appeared to have consumed aleohol and forcibly, over Mother's objection, took M. from the marital residence; berated M. after a soccer practice-severely affecting M.; and displayed an explosion of rage in the kitchen of the marital residence. The petition to modify repeated these allegations, asserted that Father's "various mental health and/or alcohol issues interfere with his ability to properly discipline and interact with [M.] [595]*595in an age appropriate manner," and stated that "while [Mother] desires that [Father] maintain a relationship with [M.], it is in [M.]'s best interest for parenting time to be conducted in a therapeutic setting." (Mother's App. 84). Mother then asked that Father's parenting time "be supervised by Choices," a counseling service. Id. A hearing was set on these petitions for January 24, 2005.

On January 24, 2005, the parties. presented the trial court with an agreed order for modification of parenting time. Signed by both parties, the order provided that Father's parenting time would be supervised by Choices, "in a manner approved of by" the GAL, and that the parties would "follow the recommendations and requests of Choices and the" GAL regarding parenting time issues. (Father's App. 83). The order also stated that Father denied the allegations of Mother's petition for an order of protection, and Mother maintained that it was accurate, but that "in exchange for" Father's agreement not to enter the marital residence unless invited by Mother and to "supervised parenting time at Choices," Mother would dismiss her petition. Id. at 84.

A week later, on February 1, 2005, Mother filed a verified petition for modification of the provisional order. Mother alleged that Father had failed to limit his use of the joint checking account or credit card as ordered, and "due to [his] continuing unemployment," she was effectively paying all of his expenses as well as her own. (Father's App. 87). Mother sought a modification to require Father "to be responsible for an equitable share of the marital bills and his own living expenses." Id. Mother also filed a verified petition alleging that Father had failed to deposit monies in the joint account and had written checks that failed to comply with the existing order.

On March 7, 2005, a mediator was appointed. The parties met with the mediator twice in April and onee in May; the GAL attended two of these sessions. The sessions resulted in the adoption of two partial mediation agreements, filed with the court on May 19, 2005, which resolved a number of issues and provided that Father was to pay child support beginning on May 1st. There was no resolution of the alleged inappropriate use of checks and credit cards by Father.

Father's supervised parenting time with M. at Choices initially went well, and in May of 2005, Choices, the GAL, and the parties agreed to a three-step transition to unsupervised parenting time. The date of June 21, 2005 was the last occasion of the second-step arrangement, whereby Father would meet M. at Choices, take him away and spend a set amount of parenting time, then return to Choices, at which point he, and then M., would meet individually with the Choices counselor. During their time together, Father took M. to the library. M. told Father he had a loose tooth. Father tried to pull out the tooth.

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Cite This Page — Counsel Stack

Bluebook (online)
844 N.E.2d 590, 2006 Ind. App. LEXIS 593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-jm-v-nm-indctapp-2006.