WILLIAM D. SCHRECKHISE APPELLANT
v.
JANINE A. PARRY APPELLEE
APPEAL
FROM THE WASHINGTON COUNTY CIRCUIT COURT [NO. 72DR-13-1656]
HONORABLE JOANNA TAYLOR, JUDGE AFFIRMED
Hall,
Estill, Hardwick, Gable, Golden & Nelson, P.C., by:
Curtis E. Hogue and M. Scott Hall, for appellant.
Clark
Law Firm PLLC, by: Suzanne G. Clark and Payton C. Bentley,
for appellee.
BRANDON J. HARRISON, JUDGE
William
Schreckhise appeals the Washington County Circuit Court order
giving his ex-wife, Janine Parry, primary custody of the
parties' two children. He argues that the circuit court
erred in finding (1) that there was a material change of
circumstances and (2) that it was in the children's best
interest to be placed with Parry. We affirm.
The
parties were divorced in October 2013, and the court awarded
them joint custody of their two minor children. The divorce
decree provided:
a. Each party will have the children in his/her care and
custody two days of the Monday through Thursday time period.
The parties will alternate the Friday through Sunday time
periods with the exact hours to be agreed upon by the
parties. . . .
b. The parties agree to divide equally all holiday and
special visitation; however, in the event they are unable to
agree, the parties shall follow the holiday and special
visitation schedule set forth in the Court's Standard
Visitation Schedule[.]
In
March 2017, Parry petitioned to modify custody, asserting
that there had been a material change of circumstances and
that the children should be placed in her primary custody.
Parry alleged that Schreckhise and his new wife had created
an "adversarial environment that is not in the best
interest of the children" and that Schreckhise had
refused to provide her with certain information, like the
children's medical-care providers and the names of
overnight childcare providers. Parry also expressed concern
with "a dangerous situation with Defendant's
22-year-old stepson, who is dealing with serious mental and
emotional problems that have put the parties' minor
children in immediate danger for their health, safety, and
welfare." Schreckhise answered and generally denied
Parry's claims; he also counterclaimed and argued that if
the court does find a material change of circumstances, it
would be in the children's best interest to placed in his
primary custody.
After a
day-long hearing on the matter, the circuit court found that
a material change in circumstances had occurred and that it
was in the children's best interest that sole custody be
awarded to Parry. The court's written order contained
these findings:
2. After the divorce, the parties interacted seamlessly and
frequently regarding the children and the children's
needs.
3. Dr. Schreckhise married in July of 2014. In August of
2014, Dr. Schreckhise began implementing a series of rules
about how the parties would communicate, including limited
communications in person and preferably only when spouses
were available; requiring communication by email unless it
was an emergency or time-sensitive, with spouses copied on
the communication; and limiting interaction at the
children's events to a "hi" or a nod.
4. In the summer of 2015, Dr. Schreckhise expanded the rules
to add that Dr. Parry was not to talk to him at work,
[1] was
not to come to his house, was not to walk on the street in
front of his house on North Willow Avenue or his wife's
house on Washington Street, [2] and that they were to have
separate parent-teacher conferences for each child.
5. Dr. Schreckhise testified that on the advice of his
marriage counselor, he requested Dr. Parry not be present for
the children's medical appointments if ...