Milligan v. Milligan

Concurring Opinion

Garrard, J.

I agree that the modification granted by the court which permitted the father to visit his children only from 8:00 a.m. to 8:00 p.m. one day per month constitutes a restriction within the intended purpose of IC 1971, 3l-l-11.5-24(b).

However, legislative attention should be drawn to the literal terms of the statute. Subsection (a) provides that a parent not granted custody is entitled to “reasonable visitation rights” absent a finding that visitation would endanger the child’s physical health or emotional development. Since application of the section is not…