Opinion
NO. 2013-CA-001325-ME
03-07-2014
MARK CARL REEDER APPELLANT v. STEPHANIE CORDLE APPELLEE
BRIEFS FOR APPELLANT: Robert W. Miller Grayson, Kentucky BRIEF FOR APPELLEE: W. Jeffrey Scott Grayson, Kentucky
NOT TO BE PUBLISHED
APPEAL FROM CARTER CIRCUIT COURT
HONORABLE DAVID D. FLATT, JUDGE
ACTION NO. 13-CI-00165
OPINION
REVERSING AND REMANDING
BEFORE: CLAYTON, COMBS AND STUMBO, JUDGES. STUMBO, JUDGE: Mark Reeder appeals from an order of the Carter Family Court which terminated his visitation rights to his thirteen-year-old daughter. We find that the trial court erred in its analysis and reverse and remand for further proceedings.
The facts of this case are not relevant for our purposes because the trial court used the incorrect standard when terminating Appellant's visitation rights. Kentucky Revised Statutes 403.320(3) states that "[t]he court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child; but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger seriously the child's physical, mental, moral, or emotional health." Here, the court stated, both orally and in its written order, that it was in the best interest of the parties' daughter for Appellant's visitation to be suspended.
When modifying visitation, the trial court is to determine if modification is in the best interest of the child, which the court did here. When restricting, or as in this case suspending, visitation, the court must also find that continued visitation would endanger seriously the child's physical, mental, moral, or emotional health. The court set forth facts it believed justified suspending Appellant's visitation, but only analyzed said facts using the best interest standard. It did not make a finding, either orally or in its written order, that continued visitation would endanger seriously the child's physical, mental, moral, or emotional health. This was in error.
For this reason, we reverse the order on appeal and remand for further proceedings. If the trial court believes Appellant's continued visitation with the minor child would endanger seriously the child's physical, mental, moral, or emotional health, then it should make that finding.
CLAYTON, JUDGE, CONCURS.
COMBS, JUDGE, CONCURS IN RESULT ONLY. BRIEFS FOR APPELLANT: Robert W. Miller
Grayson, Kentucky
BRIEF FOR APPELLEE: W. Jeffrey Scott
Grayson, Kentucky