Indiana: Appeals Court Holds that Father’s request for child visitation is denied . BY: Chi S.

Link for opinion: http://scholar.google.com/scholar_case?case=17917917383618116728&q=indiana+courts+child+visitation&hl=en&as_sdt=2,50&as_ylo=2012

Title: Indiana: Appeals Court Holds that Father’s request for child visitation is denied

The Indiana Court of Appeals held Hazelwood v. Hazelwood, No. 03A04-1109-DR-493 (Ind. Ct. App. Feb. 28, 2012). that the father of a child, who is incarcerated, should not have visitation with the child as it is not in the best interest of the child.

The father of the child (S.H) petitioned the court to establish a parenting visitation agreement while he was incarcerated.  He appealed and argues that the trial court abused its discretion in denying the petition.

The mother, Melissa Butler, was given custody of the minor child (S.H) with the father, Gary Hazelwood, to receive parenting time.  Gary was incarcerated for dealing methamphetamines when the minor child (S.H) was only three years old.  His sentence will allow him to be released when the minor child is the age of eighteen.  The minor child (S.H) lives with his mother.

The court held that mandatory visitation while the father was incarcerated was not in the best interest of the child as a visit inside of a correctional facility might endanger the child’s physical health or impair the child’s emotional development.  In this case, the child displayed behaviors after reading written correspondence from the father that led the mother to believe the child was not developed mentally or emotionally to deal with a visit with the father. 

The court ruled at this stage, the child is not mature enough emotionally to make visits mandatory.  f the child (S. H) requests to see his father,  mother is ordered to advise father so that appropriate arrangements can be made to transport the child to the Indiana Department of Corrections. The Court will not order mother or step-father to provide transportation although they may certainly do so if they are willing. Father’s request for child visitation was denied.  The court further ordered that the mother provide the father with any changes in her address so that written correspondence can be sent to the child.

Labels for the post: child visitation, father visitation, incarceration, incarceration of a parent