Easterday v. Everhart, decided Thursday by the Indiana Court of Appeals, in an opinion by Judge Melissa May, joined by Judges Terry Crone and Leanna Weissmann, involved the custody of the parties' 12-year-old daughter. The parties' original agreement was for joint legal custody but for mother to have primary physical custody, with father having the child "Wednesday evenings and every other weekend." In 2022, mother asked for a change in custody:
During the hearing, the parties presented evidence and testimony about their different views regarding Child's religious upbringing. Mother testified she and her family, including child, changed churches and now attend "Seymour Christ Temple Apostolic" in Seymour, Indiana. Since changing churches, Child stopped painting her nails and now wears only long skirts. Child attends church three times a week, on Sunday morning and Sunday evening for services and on Thursday night for youth group. Mother admitted Child was baptized without Mother informing Father until after the baptism occurred. Mother testified she wanted the trial court to modify the parenting time "to eliminate [Father's] ability to question [Child's] religion or try to talk [Child] into believing that there is no God[.]"
Father testified he is an agnostic. He denied telling Child "there wasn't a God" and testified he had not tried to "convince her the church she goes to isn't something she should be attending[.]" He testified he wanted Child "to make her own choice" about religion.
The trial court gave the mother full legal custody, and added:
