Vaidik, C.J.
Case Summary
In this case, the trial court appointed grandparents as guardians over their grandchildren and awarded the father parenting time with the children “as agreed upon by the parties.” The father now appeals, arguing that because the evidence shows that he and the grandparents do not get along, the trial court essentially awarded him no parenting time at all. We agree with the father, vacate this part of the trial court’s order, and remand this case to the trial court. On remand, the trial court should order reasonable parenting time for the father, balancing his right to visit the children with the children’s best interests.
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Father contends that the trial court “did not adequately provide for parenting/visitation for [him] with his children.”3 Appellant’s Br. p. 10. He points out that “it is clear from the hearing that [the maternal grandparents] have great difficulty communicating with [him], and no desire to overcome those hurdles.” Id. at 10-11. Accordingly, Father claims that the trial court’s order allowing him visitation “as agreed up by the parties” will “inevitably result in conflict and denial of visitation to [him].” Id. at 11. He therefore asks us to remand this case so that the trial court “can articulate a minimum amount of visitation that he should receive each week with his daughters, and articulate any reasons for limitations or restrictions on that visitation.” Id. at 19.
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Here, the trial court awarded Father parenting time “as agreed upon by the parties.” But as Father argues, the evidence before the trial court was that he and the maternal grandparents do not get along. And the maternal grandparents have not filed an appellees’ brief arguing otherwise. By making the parties agree upon parenting time, the trial court has essentially allowed the maternal grandparents to determine Father’s parenting time with Children. It was error for the court to do so. We therefore vacate this part of the trial court’s order. On remand, the trial court should “order reasonable parenting time for” Father, balancing his right to visit Children with Children’s best interests. Id. at 620-21 (explaining that when ordering parenting time in guardianship cases, the “best practice” is for the trial court to make specific findings to support its parenting-time order).
Reversed and remanded.
Riley, J., and Bradford, J., concur.