Wilder-Newland v. Kessinger
967 N.E.2d 558
| Ind. Ct. App. | 2012Background
- Grandmother petitioned to establish visitation with her grandchildren after Father's visitation ended post-incident and conviction.
- Mother and Father divorced in 2010; custody remained with Mother; dissolution decree did not resolve grandparent visitation.
- Trial court held a hearing in July 2011 and denied grandparent visitation with explicit findings of fact and conclusions of law favoring Mother’s decision.
- Findings included that Mother voiced concerns about the children’s adjustment, health risks, and potential contact with Father; Grandmother had limited or no contact since April 2011.
- Trial court concluded there was no evidence Mother was an unfit parent and gave special weight to Mother's position against court-ordered visitation.
- Appeal reviewed under two-tiered clear-error standard; appellate court affirmed the denial of visitation, reaffirming the primacy of the children's best interests and the fit parent's decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court clearly erred in denying grandparent visitation | Wilder-Newland contends the court should grant some visitation or rehear reconsideration | Kessinger asserts Mother’s fitness and opposition to visitation justify denial | Affirmed; denial supported by best interest findings |
Key Cases Cited
- Crafton v. Gibson, 752 N.E.2d 78 (Ind.Ct.App.2001) (fit parent's decision entitled to special weight in grandparent visitation)
- Megyese v. Woods, 808 N.E.2d 1208 (Ind.Ct.App.2004) (presumption in favor of a fit parent's decision; court may award visitation only if in child's best interest)
- Spaulding v. Williams, 793 N.E.2d 252 (Ind.Ct.App.2003) (presumption and weight to parent's decision in grandparent visitation matters)
- Mitchell v. Mitchell, 695 N.E.2d 920 (Ind.1998) (where special findings exist, court may affirm on any legal theory supported by the findings)
- Troxel v. Granville, 530 U.S. 57 (S. Ct. 2000) (parental rights have a fundamental role in determining visitation)
- MacLafferty v. MacLafferty, 829 N.E.2d 938 (Ind.2005) (deference to trial court discretion in family law, with standard of review for clear error)