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Cassei Lynn Mentis v. Joshua Michael Mentis
Date: 08-23-2024
Case Number: 34C01-1707-DC-656
Judge: Douglas Tate
Court: Circuit Court, Howard County, Indiana
Plaintiff's Attorney:
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Defendant's Attorney:
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Description:
[¶2] Child was born on February 6, 2016, during the parties' marriage. On July 7, 2017, Mother filed a petition for dissolution of marriage in White County. On February 23, 2018, the White County court issued an order dissolving the marriage. As part of the order, Mother was granted physical and legal custody of Child, and Father was granted parenting time supervised by Mother or Child's maternal grandmother.
[¶3] Starting in April 2019, the parties began repetitively litigating child custody, parenting time, and child support. In late 2021, Mother alleged that Father sexually abused Child and the Department of Child Services ("DCS") became involved in the matter. During the DCS investigation in December 2021, an
interview with Child "revealed that she had been coached as to what to say regarding these allegations." (Appellant's App. Vol. II at 21.) On May 19, 2022, DCS closed its investigation into Mother's allegations and found them unsubstantiated.
[¶4] Shortly thereafter, under a new cause number in White County, Mother filed a petition for a protective order on behalf of Child. The petition alleged Father had sexually abused Child. The White County court issued an ex parte protective order.
[¶5] On May 26, 2022, Father filed motions in the White County actions objecting to venue, asserting the court lacked jurisdiction, and asking that all pending matters be transferred from White County to Howard County. The same day, the White County court granted Father's motion and transferred all matters to Howard County. Also that same day, in Howard County, Father filed a motion to modify child custody.
[¶6] Upon transfer to Howard County, the Howard County trial court (hereinafter "trial court") conducted a hearing regarding the ex parte protective order on June 23, 2022. On June 28, 2022, the trial court issued an order dismissing the ex parte protective order.
[¶7] The trial court set a hearing on Father's motion for modification of child custody for July 12, 2022. On July 7, 2022, Mother filed a motion to continue the July 12, 2022, hearing. On July 12, 2022, the trial court issued an order granting Mother's motion to continue and ordering, "[Father] shall have
temporary primary custody of [Child], effective immediately." (Id. at 47.) The trial court rescheduled the hearing on Father's motion for modification of child custody for October 11, 2022.
[¶8] On August 2, 2022, the trial court issued an order regarding Father's temporary custody of Child. In that order, the trial court further clarified Father's custody of Child pending the trial court's decision on his modification petition. On August 15, 2022, the trial court entered a temporary child support order that required Mother to pay $5.00 per week in child support.[1]
[¶9] On October 11, 2022, the trial court conducted the hearing regarding Father's motion to modify custody. During that hearing, Mother "began using vulgar language and argued with the court and [Father's] counsel." (Id. at 20.) Despite the trial court's warnings, Mother would not refrain from such conduct and "the court directed the security officer to take her into custody to be charged with direct contempt of court and removed her from the courtroom." (Id.) Ultimately, the trial court "decided not to find her in contempt, but admonished her that such behavior would not be tolerated in future court proceedings." (Id.) The trial court continued the matter until December 6, 2022.
[¶10] The trial court held the continued hearing on Father's motion to modify custody on December 6, 2022. On January 27, 2023, the trial court entered an amended order[2] ("Custody Modification Order") in which it concluded:
The court finds that [Mother's] conduct in not only filing the false allegations of misconduct with DCS, but further pursuing such false allegations in a court of law is evidence of a change in circumstances warranting a change in custody. The court finds that it is in [Child's] best interest to award sole physical and legal custody of [Child] to [Father]. [Mother] shall be granting [sic] parenting time pursuant to the Indiana Parenting Time Guidelines. With regard to summer vacation, [Mother] shall exercise parenting time the first half of the summer.
(Id. at 22.) In addition, the trial court ordered the parties to "submit proposed child support worksheets within thirty (30) days" of the order. (Id.)
[¶11] On February 23, 2023, Mother filed her appeal of the Custody Orders under Cause Number 23A-DC-399 ("Cause 399"). On May 3, 2023, Mother filed a "Motion for Extension of Time and/or Order Compelling Preparation of Transcript[,]" asking our court to grant the court reporter an extension of time to file the transcript and/or issue an order to compel the court reporter to file a transcript. (Appellee's App. Vol. II at 51.) On May 8, 2023, our court granted Mother's motion in part in an order that stated:
Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk of the Court is directed to file Appellant's Motion for Extension of Time and/or Order Compelling Preparation of Transcript as of the date of this order. 2. Appellant's Motion for Extension of Time and/or Order Compelling Preparation of Transcript is granted in part. 3. Within ten (10) days of the date of this order, the Court Reporter for Cause Number 34C01-1707-DC-656 is ordered to complete and file the transcript with the Howard Circuit and Superior Courts Clerk. 4. Within five (5) days of the date that the Court Reporter filed the transcript, the Howard Circuit and Superior Courts Clerk is directed to file a Notice of Completion of Transcript with the Clerk of this Court and to serve a copy of the Notice on the parties. 5. The Clerk of this Court is directed to send this order to the parties, the Court Reporter for Cause Number 34C01-1707-DC-656, Special Judge Douglas Tate of the Howard Circuit Court, and the Howard Circuit and Superior Courts Clerk. 6. The Howard Circuit and Superior Courts Clerk is directed to file this order under Cause Number 34C01-1707-DC-656, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders.
(Id.) The court reporter did not comply with our order. On September 8, 2023, our court issued an order in which we "dismissed [Mother's] appeal [of the Custody Orders] with prejudice." (Id. at 52.)
[¶12] On November 3, 2023, Father filed a motion in the trial court for child support retroactive to his filing of the petition for custody. The trial court set a hearing on the matter for December 5, 2023. On December 4, 2023, Father filed a motion to continue the December 5, 2023, hearing. The trial court cancelled the December 5, 2023, hearing and held a hearing on January 19, 2024. The same day, the trial court issued an order that granted Father's motion for child support and ordered Mother to pay $89.00 per week in child support and an arrearage of $2,028.00 (hereinafter, "Support Order"). The Support Order also modified the amount each party is to pay for Child's medical expenses.
Mentis v. Mentis, 24A-DC-404 (Ind. App. Aug 23, 2024)
Kokomo, Indiana family law divorce lawyers represented the Petitioner and Respondent.
[¶2] Child was born on February 6, 2016, during the parties' marriage. On July 7, 2017, Mother filed a petition for dissolution of marriage in White County. On February 23, 2018, the White County court issued an order dissolving the marriage. As part of the order, Mother was granted physical and legal custody of Child, and Father was granted parenting time supervised by Mother or Child's maternal grandmother.
[¶3] Starting in April 2019, the parties began repetitively litigating child custody, parenting time, and child support. In late 2021, Mother alleged that Father sexually abused Child and the Department of Child Services ("DCS") became involved in the matter. During the DCS investigation in December 2021, an
interview with Child "revealed that she had been coached as to what to say regarding these allegations." (Appellant's App. Vol. II at 21.) On May 19, 2022, DCS closed its investigation into Mother's allegations and found them unsubstantiated.
[¶4] Shortly thereafter, under a new cause number in White County, Mother filed a petition for a protective order on behalf of Child. The petition alleged Father had sexually abused Child. The White County court issued an ex parte protective order.
[¶5] On May 26, 2022, Father filed motions in the White County actions objecting to venue, asserting the court lacked jurisdiction, and asking that all pending matters be transferred from White County to Howard County. The same day, the White County court granted Father's motion and transferred all matters to Howard County. Also that same day, in Howard County, Father filed a motion to modify child custody.
[¶6] Upon transfer to Howard County, the Howard County trial court (hereinafter "trial court") conducted a hearing regarding the ex parte protective order on June 23, 2022. On June 28, 2022, the trial court issued an order dismissing the ex parte protective order.
[¶7] The trial court set a hearing on Father's motion for modification of child custody for July 12, 2022. On July 7, 2022, Mother filed a motion to continue the July 12, 2022, hearing. On July 12, 2022, the trial court issued an order granting Mother's motion to continue and ordering, "[Father] shall have
temporary primary custody of [Child], effective immediately." (Id. at 47.) The trial court rescheduled the hearing on Father's motion for modification of child custody for October 11, 2022.
[¶8] On August 2, 2022, the trial court issued an order regarding Father's temporary custody of Child. In that order, the trial court further clarified Father's custody of Child pending the trial court's decision on his modification petition. On August 15, 2022, the trial court entered a temporary child support order that required Mother to pay $5.00 per week in child support.[1]
[¶9] On October 11, 2022, the trial court conducted the hearing regarding Father's motion to modify custody. During that hearing, Mother "began using vulgar language and argued with the court and [Father's] counsel." (Id. at 20.) Despite the trial court's warnings, Mother would not refrain from such conduct and "the court directed the security officer to take her into custody to be charged with direct contempt of court and removed her from the courtroom." (Id.) Ultimately, the trial court "decided not to find her in contempt, but admonished her that such behavior would not be tolerated in future court proceedings." (Id.) The trial court continued the matter until December 6, 2022.
[¶10] The trial court held the continued hearing on Father's motion to modify custody on December 6, 2022. On January 27, 2023, the trial court entered an amended order[2] ("Custody Modification Order") in which it concluded:
The court finds that [Mother's] conduct in not only filing the false allegations of misconduct with DCS, but further pursuing such false allegations in a court of law is evidence of a change in circumstances warranting a change in custody. The court finds that it is in [Child's] best interest to award sole physical and legal custody of [Child] to [Father]. [Mother] shall be granting [sic] parenting time pursuant to the Indiana Parenting Time Guidelines. With regard to summer vacation, [Mother] shall exercise parenting time the first half of the summer.
(Id. at 22.) In addition, the trial court ordered the parties to "submit proposed child support worksheets within thirty (30) days" of the order. (Id.)
[¶11] On February 23, 2023, Mother filed her appeal of the Custody Orders under Cause Number 23A-DC-399 ("Cause 399"). On May 3, 2023, Mother filed a "Motion for Extension of Time and/or Order Compelling Preparation of Transcript[,]" asking our court to grant the court reporter an extension of time to file the transcript and/or issue an order to compel the court reporter to file a transcript. (Appellee's App. Vol. II at 51.) On May 8, 2023, our court granted Mother's motion in part in an order that stated:
Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk of the Court is directed to file Appellant's Motion for Extension of Time and/or Order Compelling Preparation of Transcript as of the date of this order. 2. Appellant's Motion for Extension of Time and/or Order Compelling Preparation of Transcript is granted in part. 3. Within ten (10) days of the date of this order, the Court Reporter for Cause Number 34C01-1707-DC-656 is ordered to complete and file the transcript with the Howard Circuit and Superior Courts Clerk. 4. Within five (5) days of the date that the Court Reporter filed the transcript, the Howard Circuit and Superior Courts Clerk is directed to file a Notice of Completion of Transcript with the Clerk of this Court and to serve a copy of the Notice on the parties. 5. The Clerk of this Court is directed to send this order to the parties, the Court Reporter for Cause Number 34C01-1707-DC-656, Special Judge Douglas Tate of the Howard Circuit Court, and the Howard Circuit and Superior Courts Clerk. 6. The Howard Circuit and Superior Courts Clerk is directed to file this order under Cause Number 34C01-1707-DC-656, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders.
(Id.) The court reporter did not comply with our order. On September 8, 2023, our court issued an order in which we "dismissed [Mother's] appeal [of the Custody Orders] with prejudice." (Id. at 52.)
[¶12] On November 3, 2023, Father filed a motion in the trial court for child support retroactive to his filing of the petition for custody. The trial court set a hearing on the matter for December 5, 2023. On December 4, 2023, Father filed a motion to continue the December 5, 2023, hearing. The trial court cancelled the December 5, 2023, hearing and held a hearing on January 19, 2024. The same day, the trial court issued an order that granted Father's motion for child support and ordered Mother to pay $89.00 per week in child support and an arrearage of $2,028.00 (hereinafter, "Support Order"). The Support Order also modified the amount each party is to pay for Child's medical expenses.
Mentis v. Mentis, 24A-DC-404 (Ind. App. Aug 23, 2024)
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Cassei Lynn Mentis v. Joshua Michael Mentis?
The outcome was: Affirmed
Which court heard Cassei Lynn Mentis v. Joshua Michael Mentis?
This case was heard in Circuit Court, Howard County, Indiana, IN. The presiding judge was Douglas Tate.
Who were the attorneys in Cassei Lynn Mentis v. Joshua Michael Mentis?
Plaintiff's attorney: Click Here For The Best Kokomo Family Law Lawyer Directory. Defendant's attorney: Click Here For The Best Kokomo Family Law Lawyer Directory.
When was Cassei Lynn Mentis v. Joshua Michael Mentis decided?
This case was decided on August 23, 2024.