N.L.P. v. T.A.R. (mem. dec.), 03A05-1701-JP-236

Mother and Father (unmarried) share two children born 2005 and 2010; they separated in 2015 but have shared parenting since then.
Both parents have limited education, past substance abuse (now reportedly recovered), and periods of unemployment; maternal and paternal grandparents have been heavily involved and provided housing stability.
In summer 2016 Mother and her partner D.D. (a woman) took the children on a two-week out-of-state trip without Father’s knowledge; Father then withheld Mother’s parenting time for over a month.
A physical altercation occurred at Mother’s parents’ home on Aug. 11, 2016, after Mother attempted to leave with the children; police were called and Father left with the children.
Father filed a paternity/custody petition (Aug. 31, 2016); the parties agreed to a provisional shared custody plan. Mother later married D.D.; at final hearing Mother requested primary physical custody while Father sought continued joint physical custody.
Trial court interviewed the 11-year-old child in camera, found the children well-adjusted and adapted to the shared schedule, and ordered continued joint physical custody; Mother appealed alleging the court ignored uncontroverted evidence of domestic violence and discrimination based on her same-sex marriage.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court erred by continuing joint physical custody without considering uncontroverted evidence of domestic violence	Mother: court failed to consider her testimony and corroboration that Father had a pattern of physical abuse, which made shared custody inappropriate	Father: alleged abuse was vague, not corroborated; witness testimony did not support a pattern; trial court properly weighed evidence	Court: No reversible error; evidence did not require finding a pattern of domestic violence and judge’s credibility determinations stand
Whether trial court improperly ignored evidence Father withheld parenting time due to prejudice against Mother’s same-sex marriage	Mother: Father withheld time and made negative comments based on disapproval of her marriage to D.D., harming the children and warranting primary custody	Father: he withheld time because Mother took the children out of state without permission and he feared removal; he acknowledged Mother’s parental fitness and her right to marry	Court: No basis to reweigh; record doesn’t support claim Father acted from anti-gay animus or that comments were communicated to children; custody award affirmed

Montgomery v. Montgomery, 59 N.E.3d 343 (Ind. Ct. App.) (appellate review of custody findings; deference to trial court)
Steele-Giri v. Steele, 51 N.E.3d 119 (Ind. 2016) (family law rulings receive trial-court deference; reversal requires evidence that positively demands different conclusion)
In re Marriage of Richardson, 622 N.E.2d 178 (Ind. 1993) (recognizing deference to trial judges in family law matters)