concurring in part and dissenting in part.
[¶ 32] I concur in Part III, but respectfully dissent from Part II.B. of the opinion, which affirms the trial court’s decision to change primary residential responsibility of the three minor children to Darin Glass. Based on the entire record, I am left with a definite and firm conviction a mistake has been made and, therefore, I would reverse.
[¶ 33] The trial court found “Julie [Glass] [ ] provided the food, clothing, shelter, [and] medical care to the children” and served as the children’s primary caretaker since the parties’ divorce in 2005. The trial court explained Julie Glass “has shouldered the majority of the children’s needs for medical appointments, schooling, special needs of the children, sports and activities” since the divorce and acknowledged Darin Glass “has not been greatly involved with the children’s schooling, medical needs, activities and sporting events until the beginning of this year when this action started.” The trial court further found Darin Glass “has not exercised the type of concern and/or parenting with his children as a parent should.” Yet, relying almost exclusively on the domestic assault incident against Julie Glass, the trial court concluded a modification of primary residential responsibility is warranted. See Majority, at ¶ 20 (stating the trial court’s primary reasons for modifying primary residential responsibility were “the presence of McNab in Julie Glass’s life, her refusal to terminate the relationship unless ordered by the court, and her failure to realize how her relationships impact the children”). I cannot agree with the trial court’s conclusion.
[¶ 34] A parent’s ability to provide her children with an environment that is free of any physical or emotional harm is un*699doubtedly an important consideration in modification proceedings, but taking away Julie Glass’s primary residential responsibility of her children on the ground she “chooses her [abusive] relationship over the children’s best interest,” shows little insight into the complexities of domestic violence and revictimizes an already victimized mother. (Emphasis added.) See Nicholson v. Williams, 203 F.Supp.2d 153, 200-05 (E.D.N.Y.2002) (recognizing abused mothers are often accused of “failure to protect” their children); see also Megan Shipley, Reviled Mothers: Custody Modification Cases Involving Domestic Violence, 86 Ind. L.J. 1587, 1589 (2011) (arguing that taking custody away from an abused mother seems to penalize her for being a victim of domestic violence). I am of the opinion the trial court’s decision to take away Julie Glass’s primary residential responsibility of her children penalizes Julie Glass for being the victim of domestic violence and ignores the steps she has taken to assure a safe environment for her children.
[¶ 35] The trial court found Steve McNab has not been near Julie Glass’s home or near the children since the domestic violence incident. However, focusing on what it described as Julie Glass’s refusal to end her relationship with Steve McNab, absent a court order, the trial court concluded: “Julie [Glass] needs to make her own positive choices without the [c]ourt controlling those choices.” I disagree. The trial court’s conclusion erroneously assumes Julie Glass actually has a choice of leaving her abuser and mischar-acterizes her trial testimony to mean that she could leave, but would not leave, an abusive relationship for the sake of her children. Contrary to the trial court’s conclusion, Julie Glass’s trial testimony shows her children are her primary concern:
Q: What — now, again, what would you like to see as a possibility for you and Mr. McNab?
A: I would like for us to be able to continue counseling and see where that would lead.
Q: Do you have any intentions to allow him back in the house?
A: No.
Q: What if the Court conditions custody of the children on you letting— getting out of the romantic relationship and says this has to stop, do not see him anymore?
A: Then that’s what I would do.
Q: What is the most important thing to you?
A: My children.
[¶ 36] Moreover, the record shows, and the trial court agrees, the children have done well academically and socially while in the care of Julie Glass. The trial court further found “Julie [Glass] has done a remarkable job with the children” and concluded she has had “positive effects” on their development. Based on the entire record, I am left with a definite and firm conviction the trial court made a mistake by changing the primary residential responsibility of the children to Darin Glass. By taking away Julie Glass’s primary residential responsibility of her children, the trial court penalizes Julie Glass for being a victim of domestic violence and effectively revictimizes her. I cannot affirm a decision that not only revictimizes an abused mother, but is also likely to discourage other victims of domestic violence from coming forward with reports of abuse, in fear that they, too, might lose primary residential responsibility of their children.
[¶37] MARY MUEHLEN MARING