Spaulding v. Williams

793 N.E.2d 252, 2003 Ind. App. LEXIS 1462, 2003 WL 21940590
CourtIndiana Court of Appeals
DecidedAugust 14, 2003
Docket27A04-0303-CV-113
StatusPublished
Cited by20 cases

This text of 793 N.E.2d 252 (Spaulding v. Williams) 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
Spaulding v. Williams, 793 N.E.2d 252, 2003 Ind. App. LEXIS 1462, 2003 WL 21940590 (Ind. Ct. App. 2003).

Opinion

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Michael Spaulding ("Father") appeals the trial court's Order on Petition for Grandparents' Visitation, wherein the court granted Jerry and Lisa Williams "Grandfather" and "Grandmother," respectively, and "Grandparents" collectively) visitation with their then four-year-old grandchild, D.S. Father presents several issues for review, which we consolidate as follows:

1. Whether the trial court followed United States Supreme Court and Indiana Court of Appeals precedent regarding standards of proof necessary to override restrictions that a fit, custodial parent has placed on a child's visitation with grandparents.
2. Whether the evidence supports the trial court's conclusion that Grandparents successfully rebutted the presumption favoring Father's visitation decision.
3. Whether the trial court abused its discretion when, in addition to granting Grandparents visitation, its order contained provisions regarding written communication and travel with D.B.

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

FACTS AND PROCEDURAL HISTORY

Father and Irma Marie Spaulding ("Mother") were married, but separated at the time D.B. was conceived. D.B. was born on December 18, 1998, which was after Father and Mother divorced. Subsequently, Mother had custody of D.B., and Father exercised visitation on an irregular basis. Father and Mother remained *255 friends following the divorcee. Mother included Father in D.B.'s birthday celebrations, and Father spent Christmas mornings with D.B. at Father's parents' house. D.B. also spent time at Father's parents' home on other occasions.

In April 2002, Mother became ill and was hospitalized. Father and his parents took care of D.B. during this time. On April 21, 2002, Mother died, leaving Father as D.B.'s sole custodial parent. The trial court that entered the dissolution order in Father and Mother's divorce awarded Father custody of D.B.

After D.B.'s birth and before Mother's death, Grandparents, who are Mother's parents, were very involved in both Mother's and D.B.'s lives. Grandparents spent most weekends with D.B., and Grandmother was D.B.'s primary babysitter during the week while Mother worked. Grandparents enjoyed taking D.B. to the 200, monster truck shows, and a Chuck E Cheese restaurant. D.B. called Grandparents his "own Mamaw and Pawpaw" because he was their only grandchild, unlike Father's parents, who had at least one other grandchild and whom D.B. called "Mamaw Sharon and Pawpaw Mike." Grandparents and D.B. had a close, strong relationship.

For several weeks following Mother's death, Father allowed Grandparents to visit with D.B. Grandparents visited with D.B. in their home, and D.B. would sometimes spend the night with them. During that time, D.B. resided with Father in Father's trailer and sometimes stayed with Father's parents. At some point just after Mother's death, Father and Grandparents agreed that D.B. should not return to the home where D.B. had lived with Mother. Father subsequently asked Grandfather, who was the personal representative of Mother's estate, whether Father and D.B. could move into Mother's home. Grandfather denied Father's request.

Thereafter, the relationship between Father and Grandparents, especially between Father and Grandfather, began to deteriorate. Father was upset because he alleged that Grandparents refused to give him certain toys and clothes for D.B. Father was also upset because Grandfather refused to allow him to move with D.B. into Mother's house.

At some point, Father began to restrict Grandparents' visitation with D.B. He no longer allowed D.B. to go to Grandparents' home. Rather, Grandparents had to visit with D.B. at Father's parents' home. Grandparents felt like they were constantly being supervised while they visited with D.B. On one occasion, Grandfather became emotional when he was saying goodbye to D.B. and told Father's mother that he hoped that no one ever tried to take her grandchild away. Grandfather's actions upset Father's mother and Father, which resulted in further visitation restrictions.

Father, who had been laid off from his job prior to Mother's death, accepted a position with a company in Virginia. He and D.B. moved to Virginia over a period of several weeks in late June and early July 2002. Father did not inform Grandparents that he and D.B. were moving, although D.B. had told them at some point, nor did Father provide Grandparents with contact information. Grandparents filed their Verified Petition for Grandparents' Visitation in June 2002. When Father and D.B. returned to Indiana over Labor Day weekend of 2002, Grandparents were able to stop by Father's parents' home and visit with D.B., which was the last time Grandparents saw D.B.

The trial court conducted a hearing on Grandparents' petition in October 2002. Several witnesses testified at the hearing, including Grandparents, Father, relatives *256 of both Grandparents and Father, and Mother's former neighbors and friends. At the conclusion of the hearing, the trial court took the matter under advisement, and on January 17, 2008, the court issued a fourteen-page order granting Grandparents' petition. That order contains approximately nine pages of factual findings in paragraph form entitled "Summary of Facts," in which the court summarized the testimony of each of the witnesses, followed by a "Decision" section, in which the court analyzed the facts in light of case law. The court's ultimate visitation order provides in relevant part:

[The Court orders that petitioners shall have grandparent visitation for one weekend per month beginning Friday evening at 4:00 p.m. and ending on Sunday evening at 7:00 p.m. The grandparent weekend shall be the third weekend of every month. The parties may otherwise agree in writing to a modification hereof. In addition, petitioners shall have reasonable phone access to their grandchild at least consisting of 10 to 15 minutes per week depending upon the child's ability to communicate, at reasonable hours, and without unreasonable interference from father. If respondent uses an answering machine, voice mail, or pager, then messages left for the child shall be promptly communicated to the child and the call returned. The parties should agree on a specific time for calls so that the child may receive the call. All expense of transportation and telephone calls shall be borne by the petitioners.
Mail. Petitioners shall have the right to communicate privately by e-mail, faxes, cards, letters, and packages without interference by respondent. Any such communication shall be promptly delivered by the respondent to the child.
Emergency notification. For emer-geney notification purposes whenever the child travels out of the area with the petitioners, one of the following shall be provided to respondent: an itinerary of the travel dates, destinations, and plans where the child can be reached, or the name and telephone number of an available third person who knows where the child or petitioners may be located. The parties shall furnish each other at all times their current address and telephone number.

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Cite This Page — Counsel Stack

Bluebook (online)
793 N.E.2d 252, 2003 Ind. App. LEXIS 1462, 2003 WL 21940590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spaulding-v-williams-indctapp-2003.