IN RE THE MARRIAGE OF: WADE R. MEISBERGER, Appellant-Respondent,
MARGARET BISHOP F/K/A MARGARET MEISBERGER, Appellee-Petitioner
APPEAL FROM THE JEFFERSON CIRCUIT COURT. The Honorable Jon W. Webster, Special Judge. Cause No. 39C01-0908-DR-529.
WADE R. MEISBERGER, APPELLANT, Pro se, Carlisle, Indiana.
BROWN, Judge. BARNES, J., and BRADFORD, J., concur.
Wade Meisberger (" Father" ), pro se, appeals, the trial court's Order on All Pending Issues denying his Motion to Modify Parenting Time, as well as his motion to correct error. Father raises one issue which we revise and restate as whether the court erred in denying his Motion to Modify Parenting Time and motion to correct error. We remand.
FACTS AND PROCEDURAL HISTORY
In the early 1990s, Father was sentenced to forty-eight years in the Department of Correction (" DOC" ) for convictions of murder and theft occurring in Bloomington, Indiana. See Meisberger v. State, 640 N.E.2d 716, 719 (Ind.Ct.App. 1994), trans. denied. He was placed on probation on September 7, 2007, and shortly thereafter fathered E.M., born on July 31, 2008, to Margaret (Meisberger) Bishop (" Mother" ), who he at one point married. On April 21, 2009, Bishop filed a petition for dissolution of her marriage to Father.
On November 30, 2009, the court issued a summary decree of dissolution of marriage. On August 4, 2010, the court entered an Order on Agreed Entry for Modification of Custody and Visitation which had been filed by Father. Following a Notice of Intent to Move filed by Bishop, an Objection filed by Father, and a hearing, the court issued an Agreed Order on October 3, 2011, which gave Father parenting time pursuant to the Indiana Parenting Time Guidelines.
On May 20, 2012, the State field a Petition to Revoke Suspended Sentence against Father alleging that he had violated the terms of his probation by failing to appear for a scheduled meeting with probation officers and to notify the probation department of a change of residence, and on August 6, 2012, the court revoked his probation and ordered that he serve the remainder of his term executed in the DOC. See Meisberger v. State,
989 N.E.2d 844 (Ind.Ct.App. 2013), trans. denied. Father's earliest possible release date is July 16, 2021.
The chronological case summary (" CCS" ), in an entry dated August 1, 2013, indicates that Father sent a letter to the court, requested an order for transport and filed a " Motion to Set Hearing," and an entry dated August 13, 2013 notes that the court received a second letter from Father. Appellant's Appendix at 8. In an entry dated August 15, 2013, the CCS indicates that the court issued an Order Denying Request for Order of Visitation and Request for Transport, and on August 30, 2013, Father filed a pro se motion to correct error and memorandum of law in support of the motion. The court, on October 3, 2013, denied Father's motion to correct error, and on October 9, 2013, Father filed a pro se Motion to Modify Parenting Time and Set Hearing and a memorandum of law in support. The court issued an order setting a hearing on Father's motion and scheduled transport, and a hearing was held on December 10, 2013, in which both parties appeared pro se. On January 9, 2014, the court issued its Order on All Pending Issues (the " Order" ) which contained findings consistent with the foregoing and further stated as follows:
[Mother] and [Father] both appear in person, but without counsel, for hearing on December 10, 2013 (in Vernon) on the following pending issues:
○ Notice of Change of Circumstances and Request for Order of Visitation filed by [Father] on or about July 25, 2013;  and
○ Motion to Modify Parenting Time and Set hearing filed by [Father] on October 9, 2013 and this Court, having heard and seen evidence, now finds as follows:
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3. After [E.M.'s] birth on July 31, 2008, [Father] and [Mother] lived together as husband and wife until the Verified Petition for Dissolution of Marriage was filed on August 21, 2009. For approximately the next ...