ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
John P. Brinson Steven K. Deig
Evansville, Indiana Law Offices of Steven K. Deig
Evansville, Indiana
Laurie Baiden Bumb
Keating, Bumb, Vowels & LaPlante, P.C.
Evansville, Indiana
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In the
Indiana Supreme Court
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No. 82S04-0601-CV-8
GREG SHELTON, Appellant (Defendant below),
v.
ALICE ALAINA SHELTON, Appellee (Plaintiff below).
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Appeal from the Vanderburgh Superior Court, No. 82D04-9805-DR-00549
The Honorable Brent Almon, Special Judge
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On Petition To Transfer from the Indiana Court of Appeals, No. 82A04-0502-CV-00089
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January 18, 2006
Dickson, Justice.
In this case, the Court of Appeals applied the term "family member" as used in Section
I(C)(3) of the Indiana Parenting Time Guidelines 1 to mean "a person within the same household
1
Section I(C)(3) provides as follows:
Opportunity for Additional Parenting Time. When it becomes necessary that a child be cared
for by a person other than a parent or a family member, the parent needing the child care shall
first offer the other parent the opportunity for additional parenting time. The other parent is under
no obligation to provide the child care. If the other parent elects to provide this care, it shall be
done at no cost.
as the parent with physical custody." Shelton v. Shelton, 835 N.E.2d 513, 517 (Ind. Ct. App.
2005). This construction resulted from the court's recognition that the Guidelines "impose a
preference for parental childcare, founded 'on the premise that it is usually in a child's best inter-
est to have frequent, meaningful and continuing contact with each parent.'" Id. (quoting the Pre-
amble to the Guidelines). Pursuant to Indiana Appellate Rule 58(A)(2), we grant transfer and
summarily affirm this opinion of the Court of Appeals.
The Court of Appeals holds that the trial court interpreted Section I(C)(3) of the Guide-
lines too broadly and reverses the resulting trial court order, remanding "for the trial court to
modify its opinion." Shelton, 835 N.E.2d at 518. In summarily affirming this opinion, we note
that upon remand the trial court must apply Section I(C)(3) as construed, but it is not precluded
from exercising its discretion pursuant to subsection 2 of the Scope of Application provision in
the Guidelines, which specifies:
There is a presumption that the Indiana Parenting Time Guidelines are applicable in all
cases covered by these guidelines. Any deviation from these Guidelines by either the
parties or the court must be accompanied by a written explanation indicating why the de-
viation is necessary or appropriate in the case.
Shepard, C.J., and Sullivan, Boehm, and Rucker, JJ., concur.
2