Marriage of Van Schoyck v. Van Schoyck

661 N.E.2d 1, 1996 Ind. App. LEXIS 72, 1996 WL 53797
CourtIndiana Court of Appeals
DecidedFebruary 12, 1996
Docket46A03-9409-CV-350
StatusPublished
Cited by13 cases

This text of 661 N.E.2d 1 (Marriage of Van Schoyck v. Van Schoyck) 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 Van Schoyck v. Van Schoyck, 661 N.E.2d 1, 1996 Ind. App. LEXIS 72, 1996 WL 53797 (Ind. Ct. App. 1996).

Opinions

OPINION

HOFFMAN, Judge.

Appellant-respondent1 Tamara Van Schoyck (“Tammy”) appeals from a modification of child custody in favor of DeWayne Van Schoyck (“DeWayne”). The evidence relevant to this appeal is recited below.

DeWayne and Tammy’s marriage was dissolved on February 23, 1990. The parties entered into an agreement which was approved and incorporated into their dissolution decree. In pertinent part, the agreement provided:

“The parties will establish a joint custody arrangement [of their two-year-old son, Joshua] whereby Wife [Tammy] is the residential parent and Husband [DeWayne] has the rights of reasonable visitation to include alternating major holidays, Tuesday nights and alternate weekends from Friday evening to Sunday noon. The parties agree that they can share openly and cooperate fully concerning matters of Joshua’s health, education, welfare, and religious upbringing.”

DeWayne was ordered to pay $70.00 per week child support and received a $1,000.00 credit for his share of equity in the marital home.

In May of 1990, the parties agreed to modify the previous decree, and DeWayne was given an additional $1,000.00 equity credit. Subsequently, the parties agreed to reduce DeWayne’s support to $50.00 per week. On February 23, 1993, the parties stipulated to again modify the decree; whereby, DeWayne agreed to release Tammy from the $2,000.00 credit equity in return for Tammy applying the equity to De-Wayne’s support arrearage. The trial court approved the agreement.

DeWayne filed a petition to modify custody on May 23, 1994. Tammy countered with her own petition to modify custody and support. After a hearing on the matter, the trial court entered findings of fact and conclusions of law. The court ordered the parties to continue joint legal custody of Joshua but changed the residential custodian of Joshua to DeWayne, with Tammy paying $25.00 per week for child support. On September 13 and October 31,1994, the court entered additional findings.

In part, the trial court entered the following findings of fact:

“14. At the time of the Dissolution, husband [DeWayne] was employed at How-met. Late in 1990, he was laid off. On January 10, 1991, parties stipulated to reduce child support to $50.00 a week, effective January 1, 1991; said stipulation was presented to the Court, approved and entered as orders herein.
[3]*315. In July, 1990, wife [Tammy] secured employment with Aneo in Michigan City, frequently working the midnight shift. She experienced short lay offs from time to time. In May, 1992, she became ill and was hospitalized five (5) days. She attempted to return to work, but subsequently was terminated in December, 1992, because of her health and she could not continue working in a manufacturing setting.
16. As husband was available late in 1990, or early 1991, husband provided child care for Joshua while wife was at work including the night shift from time to time; wherefore husband had physical possession of Joshua more than indicated in the Property Settlement Agreement, but also including Tuesday overnight and alternating weekends.
17. At the time of the Dissolution, husband resided with his parents in Rolling Prairie.
18. For approximately six (6) months early in 1991, husband moved in with his girlfriend, Valerie and her two children in an apartment in the City of LaPorte. Joshua continued to be with husband as indicated in paragraph # 16 above. However, due to an incident when wife went to pick up Joshua from Valerie’s apartment, there was a party taking place with alcohol and marijuana. Wife took Joshua from the apartment and the next day secured an outside baby-sitter rather than husband. There was discrepancy in the testimony presented whether husband was present at said party.
19. Shortly thereafter in 1991, husband moved from Valerie’s and back to his parents’ home in Rolling Prairie. Although husband was again employed, he and his parents resumed providing child care for Joshua while wife was working or unavailable rather than a non-family person providing child care; husband also continued to have Joshua on Tuesday nights and alternating weekends.
20. In September, 1992, husband and his parents moved to their present residence at 918 Ohio Street, LaPorte, Indiana. This is a four bedroom, two-story single family home. Joshua has his own bedroom at the home and uses a second bedroom where he keeps many of his stuffed animals and toys.
21. At the time of the Dissolution in 1990, wife was granted the marital residence located at 1101 Farrand Avenue, LaPorte. She continued to reside there until she sold the home late in March, 1994. This was a single family home within approximately two (2) miles from husband’s present address.
22. Wife received unemployment compensation benefits in January, 1993, when she was terminated from Aneo; she became employed at Purdue North Central in August, 1993, where she continues to .work at this time.
23. About June, 1992, the parties cooperated and husband generally kept Joshua Monday and Wednesday, including overnight, while wife had Joshua Tuesday and Thursdays, including overnight and the parents then alternated weekends. When wife was unemployed in 1993, wife had Joshua more during the day until he started pre-school in June, 1993. There was discrepancy whether wife also had Joshua every Sunday from noon to Monday morning or the parties alternated having Joshua overnight on Sundays.
24. The above pattern for possession of Joshua continued when husband enrolled Joshua in pre-school at the LaPorte YMCA in June, 1993, and also when Joshua started Kindergarten in August, 1993. Husband enrolled Joshua at Hailmann Elementary School, located across the street from husband’s residence, although wife preferred Joshua to be enrolled at Handley Elementary School, the elementary school for her residence on Farrand Avenue.
25. Joshua did well in Kindergarten and was promoted to the first grade. He has many friends at school and in husband’s neighborhood.
26. Husband’s mother is employed outside the home, but his father is retired and provides child care for Joshua when husband is at work, including getting the child up in the morning and then ready for [4]*4afternoon Kindergarten the past year. Joshua has a close and beneficial relationship with his paternal grandparents.
27. In November, 1992, husband was arrested in LaPorte on criminal charges for possession of marijuana. These were later dismissed on April 25, 1994, pursuant to a pre-trial diversion program. Also, in 1991, husband [pleaded] guilty to battery, after an altercation with his former girl-friend, Valerie mentioned above, and paid a fine. No injuries were sustained in the incident.
28. The past two (2) years, husband has been involved with Ti-Kwan-Do, with Joshua and Joshua played T-Ball in La-Porte in the summer of 1993. Husband purchased Joshua a B-B Gun about a year ago, teaching him proper gun safety and etiquette and has taken Joshua ‘hunting’ twice. Wife has expressed concern and disapproval of use of a gun by Joshua.
29.

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Bluebook (online)
661 N.E.2d 1, 1996 Ind. App. LEXIS 72, 1996 WL 53797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-van-schoyck-v-van-schoyck-indctapp-1996.