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Judge adopts parenting plan; orders no derogatory remarks, limits alcohol when children are present
Summary
After a contested hearing in Dixon County Chancery Court, Judge David D. Wolfe adopted a parenting plan that gives father Nathaniel Warmbier expanded, supervised residential time while imposing conduct limits and a court admonition against derogatory remarks between the parents.
A Dixon County judge on the record adopted a new parenting plan in Whitworth v. Warmbier that formalizes residential time for father Nathaniel Warmbier and imposes behavioral limits on both parents.
Judge David D. Wolfe took testimony and granted the petition to adopt a parenting plan brought by Ashley Nicole Whitworth, finding the parents fit and their communication largely cooperative. Wolfe confirmed that child support remains a juvenile-court matter but said the parenting schedule and household rules fall under the chancery court's authority.
The new order gives Warmbier regular weekend and summer time with the children and requires he not consume alcohol while the children are in his care. The judge also ordered both parents to refrain from derogatory remarks about one another while communicating or speaking to the children.
Nut graf: The hearing focused on parenting time after a period in which Warmbier missed visits and fell behind on child support. Whitworth told the court she limited contact because of volatility in his messages and concerns about sobriety. Warmbier testified he had used child support as leverage and pledged to resume payments and to accept the parenting plan adopted at the hearing.
Court details and rulings came after testimony from both parents and the father's admission about arrears. Warmbier told the court, "I haven't seen my children in a year." Judge Wolfe later noted that while the father had been candid about past conduct, the record did not show parental unfitness; rather, both parents were judged to be capable caregivers who required a clearer, enforceable schedule.
Wolfe addressed the parents directly about tone and behavior in front of the children, saying in open court that there should be "no derogatory remarks made by you towards her, period." The judge ordered the parenting plan adopted and instructed counsel to prepare implementing orders.
Ending: The judge left calculation of child-support arrears and enforcement of any contempt petition to the juvenile-court processes but emphasized the chancery order's behavioral provisions and the no-alcohol requirement while children are present. Both parents were urged to prioritize the children's stability and to exchange the paperwork required to finalize the court's orders.
