Myron Jay Rickman v. Sheila Rena Rickman
2013 Ind. App. LEXIS 427
Ind. Ct. App.2013Background
- Myron Rickman and Sheila Rickman divorced; they share one child, M.R. (born 1996).
- In 1998 the trial court awarded Sheila sole legal and physical custody and granted Rickman supervised visitation based on CASA reports concerning allegations of child molestation.
- In 1999 the court suspended Rickman’s visitation after a CASA emergency request; in 2000 Rickman was convicted and imprisoned for multiple child-molesting and related felonies (victim not M.R.).
- In September 2012 Rickman (pro se) filed a verified petition to modify visitation to allow telephone and mail contact; the trial court denied the petition without a hearing, noting only Rickman’s incarceration on child-molesting charges.
- Rickman filed a motion to correct error; the trial court denied it. Rickman appealed; Sheila did not file an appellee’s brief.
Issues
| Issue | Plaintiff's Argument (Rickman) | Defendant's Argument (Sheila/Other) | Held |
|---|---|---|---|
| Whether the trial court erred in denying Rickman’s petition to modify visitation (to permit phone/mail contact) and denying his motion to correct error | Indiana Parenting Time Guidelines favor reasonable phone and mail access; court must not restrict parenting time absent a finding that it would endanger the child’s physical health or significantly impair emotional development; request that court conduct in camera interview of child | No appellee brief filed; trial court’s CCS merely cited incarceration as basis for denial without findings or explanation | Reversed and remanded: trial court’s denial vacated; remand for written findings/explanation or further proceedings consistent with opinion |
Key Cases Cited
- Zoller v. Zoller, 858 N.E.2d 124 (Ind. Ct. App. 2006) (failure of appellee to brief allows reviewing court to reverse on prima facie error)
- Wright v. Wright, 782 N.E.2d 363 (Ind. Ct. App. 2002) (appellate allocation of burdens where appellee fails to brief)
- McClure v. Cooper, 893 N.E.2d 337 (Ind. Ct. App. 2008) (questions of law reviewed de novo)
- Perkinson v. Perkinson, 989 N.E.2d 758 (Ind. 2013) (parenting-time decisions: best interests of child and abuse-of-discretion standard)
- In re Paternity of G.R.G., 829 N.E.2d 114 (Ind. Ct. App. 2005) (rational-basis standard for parenting-time determinations)
- Clark v. Clark, 902 N.E.2d 813 (Ind. 2009) (discusses applicability of Parenting Time Guidelines to incarcerated parents and importance of maintaining parent-child relationships)