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Perkinson v. Perkinson

989 N.E.2d 758 (2013)

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Perkinson v. Perkinson

Indiana Supreme Court
989 N.E.2d 758 (2013)

Facts

Michael Perkinson (plaintiff) and Kay Perkinson (defendant) married in 2004 and had their first child, L.P., in August 2005. A month later, Michael filed for divorce. In conjunction with the divorce proceedings, Michael and Kay entered an agreement stating that Michael waived his right to visitation with L.P. in exchange for Kay assuming full financial responsibility for L.P. going forward and waiving the then-existing child-support arrearage. The agreement stipulated that if Michael sought visitation with L.P. in the future, then he would need to pay the child-support arrearage that had accumulated before the agreement’s approval in March 2006. In 2008, Michael petitioned to reestablish visitation with L.P. The trial court denied the petition, concluding without explanation that visitation was against L.P.’s best interests. Michael filed a second petition to reestablish visitation in 2010, but it was again denied. The Indiana Supreme Court accepted transfer of the appeal from the state appeals court.

Rule of Law

Issue

Holding and Reasoning (David, J.)

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