Christopher C. Collins v. Shannon K. Collins n/k/a Shannon K. Harris (mem. dec.)
29A02-1706-DR-1184
| Ind. Ct. App. | Dec 20, 2017Background
- Christopher Collins (Father) and Shannon Collins/Harris (Mother) are divorced parents of two minor children; Mother was awarded primary physical and sole legal custody in the 2011 dissolution; Father had alternating weekend and mid-week parenting time.
- The parties have a history of post-dissolution litigation and multiple agreed modifications addressing parenting time and child support (2013, 2014, 2015). Father remarried in 2015 and Mother remarried in 2016.
- Father, employed full-time with the FBI, petitioned in 2016 to modify physical custody to joint physical custody (50/50), to modify legal custody to joint legal custody, and to reduce child support; a GAL was appointed and conducted extensive investigation and reporting.
- The GAL reported significant differences in parenting styles: Father described as authoritarian with restrictive food rules and tendency to discuss legal issues with the children; the GAL found the children anxious about Father’s discipline and recommended maintaining the existing schedule rather than a 50/50 arrangement.
- The trial court entered findings concluding (among other things) substantial changes in circumstances existed but that modification was not in the children’s best interests; it denied Father’s petitions to modify physical custody, legal custody, and child support.
Issues
| Issue | Father’s Argument | Mother’s Argument | Held |
|---|---|---|---|
| Modify physical custody to 50/50 | Father argued changed circumstances (remarriages, relocation, increased involvement, living in same school district) justify joint physical custody | Mother (and GAL) argued parties have very different parenting styles, high conflict, children report anxiety and problems at Father’s home; joint custody not in children’s best interests | Denied — trial court found substantial change but modification not in children’s best interests and GAL opposed 50/50 |
| Modify legal custody to joint legal custody | Father argued parties can communicate and should share legal custody | Mother (and GAL) argued poor communication, Father’s controlling behavior, and inability to cooperate make joint legal custody unworkable | Denied — court found inability to communicate effectively and evidence (GAL) supported award of sole legal custody to Mother |
| Modify child support | Father argued changed financial circumstances and that he should get credit for health insurance coverage for the children | Mother argued guidelines produce similar support amount and Father did not show changed circumstances or entitlement to insurance credit | Denied — Father failed to show changed circumstances making prior order unreasonable or >20% deviation; trial court reasonably declined credit for family health plan that merely covers children |
Key Cases Cited
- Miller v. Carpenter, 965 N.E.2d 104 (Ind. Ct. App. 2012) (appellate review of custody modifications is for abuse of discretion)
- Baxendale v. Raich, 878 N.E.2d 1252 (Ind. 2008) (custody judgments rest on factual findings and are set aside only when clearly erroneous)
- Julie C. v. Andrew C., 924 N.E.2d 1249 (Ind. Ct. App. 2010) (communication and cooperation between parents is a key factor for joint legal custody)
- Barber v. Henry, 55 N.E.3d 844 (Ind. Ct. App. 2016) (burden on party seeking modification of child support to prove statutory requirements)