Barnes v. Barnes

1 Mother was given custody of the two-year-old child in April of 1999 in an agreed decree of divorce, and Father was given standard visitation with extended summer visitation. In June of 2000, Father asked the court to further expand his visitation to one-half of the summer and for right of first refusal to care for the child when the mother could not. Father also requested a modification of child support. Testimony at the hearing demonstrated that there had been a deterioration in communication between the parties since they had both been remarried and Father's visitation with the child had become more difficult for the Father to procure. The mental health expert who evaluated the family agreed and recommended the appointment of a parenting coordinator to assist the parents with communication, with their visitation problems, to help them negotiate agreements, and to advise them what was in the best interest of the child. Father stated that he would not object to the appointment of a parenting coordinator. Mother testified that she was willing to follow the recommendations in the psychologist's report, and that she had discussed with her counsel the functions of a parenting coordinator. She testified that she was willing to use a parenting coordinator. 2 An order modifying the divorce decree was entered and filed on July 9, 2002. The trial court found a substantial, material and permanent change of circumstances and made modifications in visitation and the amount of child support paid. The order modifying appointed a parenting coordinator which is the main basis of the present appeal. An Order Appointing Parenting Coordinator was also entered. In that order, the parenting coordinator was given specific issues which outlined his decision-making power. These issues are as follows: