Cassandra Lynn Rudd v. Howard Thomas Rudd

This appeal concerns post-divorce parenting time. In the first appeal in this case, this Court reviewed the trial court’s denial of any parenting time for the appellant father with his daughter. This Court remanded the case for a hearing to determine whether parenting time
with the father would result in substantial harm to the parties’ daughter. On remand, the trial court held a hearing in which the evidence consisted of the mother’s testimony on her observations of the daughter’s reaction when the topic of the father arose. Based on this, the trial court again denied both supervised and unsupervised visitation to the father, and enjoined the father from contacting his daughter in any fashion. The father appeals. We find the evidence insufficient to support complete denial of parenting time, vacate the trial court’s order, and remand the case for further proceedings before a different trial judge.