Jordan Fleschner v. Rachel Scheid
CourtIndiana Court of Appeals
Date FiledNovember 4, 2026
Docket26A-MI-01005
JudgeJudge DeBoer
StatusPublished
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Full Opinion
Pursuant to Ind. Appellate Rule 65(E), the trial court and parties shall not take any
action in reliance upon this Opinion until it is certified.
IN THE
Court of Appeals of Indiana
FILED
Jordan Fleschner, Nov 04 2026, 9:23 am
Appellant-Petitioner CLERK
Indiana Supreme Court
Court of Appeals
and Tax Court
v.
Rachel Scheid,
Appellee-Respondent
November 4, 2026
Court of Appeals Case No.
26A-MI-1005
Appeal from the Vigo Superior Court
The Honorable Lakshmi Reddy, Judge
Trial Court Cause No.
84D02-2511-MI-8945
Opinion by Judge DeBoer
Judges Foley and Felix concur.
Court of Appeals of Indiana | Opinion 26A-MI-1005 | November 4, 2026 Page 1 of 17
DeBoer, Judge.
Case Summary
[1] Jordan Fleschner and Rachel Scheid (Mother) dated for approximately eight
years before breaking up in 2023. During that time, Fleschner fulfilled a
parental role in the life of Mother’s daughter (Child) even though he was not
her biological father. After Fleschner and Mother broke up, he petitioned for
visitation with Child. The trial court denied Fleschner’s petition, and he now
appeals, arguing numerous ways in which the trial court erred in denying the
petition. Finding no reversible error, we affirm.
Facts and Procedural History
[2] Mother started dating Fleschner in 2015 when Child was two years old. 1 The
next year they began living together and as the relationship progressed, both
Mother and Child began referring to Fleschner as Child’s dad. Mother
involved Fleschner in decisions about Child’s education and medical care and
“considered [him] to be filling a parental role” in Child’s life. Transcript at 71.
However, Fleschner and Mother never got married.
[3] Shortly after a physical altercation between Mother and Fleschner in 2023, the
pair ended their relationship and moved into separate homes. Nonetheless,
Mother agreed that Child could continue spending time with Fleschner, and
1
Shortly before Child’s second birthday, Child’s biological father stopped being involved in her life.
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over the next two years, they primarily observed a one-week-on-one-week-off
schedule with Child. Mother also permitted Child to go on a week-long
vacation with Fleschner and attend some holidays with his family. Fleschner
also frequently communicated with Child via texts and phone calls.
[4] In July 2025, when Child was twelve years old, Fleschner read her diary and
found a reference to self-harm. Concerned about Child’s safety, he texted
Mother about what he read. Mother told Child that Fleschner had read her
diary, which upset Child. Mother believed reading Child’s diary was an
unnecessary breach of Child’s privacy. After that incident, Child never
returned to Fleschner’s home, but Mother allowed Fleschner to take Child out
to dinner a few times.
[5] On September 3, Fleschner filed 2 a Verified Petition to Establish Custodial and
Parental Rights by a Third-Party. 3 He alleged he was Child’s primary caretaker
between 2017 and 2023 while Mother worked, was listed on Child’s medical
records as her other parent, and that he and Mother had split time with Child
equally since their separation in 2023. Fleschner also included allegations
stemming from the diary incident and alleged Mother had “avoided discussions
2
Fleschner originally filed the petition in Hendricks County, but it was transferred to Vigo County in
November.
3
Fleschner’s petition alleged he was seeking visitation as well as “joint physical and joint legal custody” of
Child, but he only pursued the issue of visitation at the subsequent evidentiary hearing. Appellant’s
Appendix Vol. 2 at 14.
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regarding therapy for” Child. Appellant’s Appendix Vol. 2 at 14. The trial
court set the petition for a hearing in February 2026.
[6] At some point after Fleschner filed the petition, Mother blocked his phone
number from Child’s cell phone. However, Child had an account for a
messaging application called Discord which Mother had allowed Child to use
in the past under her supervision. After Fleschner’s number was blocked from
Child’s phone, Child created a separate Discord account without Mother’s
knowledge and used it to communicate with Fleschner. In their conversations,
Fleschner “tr[ied] to make [Child] feel guilty for not calling . . . or talking to
him enough” and discussed the possibility of adopting Child. Tr. at 86. He
also secretly sent Child packages and suggested that Child spend the night with
one of her friends so he could go there and spend time with her without Mother
knowing.
[7] In December, Mother discovered the Discord messages between Fleschner and
Child. In January 2026, she filed a petition on Child’s behalf for a protective
order (PO) against Fleschner. Based on the allegations in Mother’s petition, the
court entered an ex parte PO on January 16 prohibiting Fleschner from having
contact with Child.
[8] On February 12, the parties appeared for an evidentiary hearing on Fleschner’s
visitation petition. Fleschner and Mother testified to the facts above, though
they offered different versions of some events. Fleschner testified that Mother
never explicitly told him he could no longer see or speak to Child. He believed
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he was allowed to talk to Child through Discord, claiming he “had approval
from . . . Mother since [2015] and [Mother] never changed her mind on that or
stated that it should change or told [him] to stop talk[ing] to [Child] in any
capacity.” Id. at 57. He knew Mother had blocked his number from Child’s
phone, but “thought that [Mother] had to have known that [they] were
communicating via [D]iscord . . . ,” claiming “there was no way that she
couldn’t have known that.” Id. at 60. Mother testified that she explicitly told
Fleschner to stop contacting Child on July 4, 2025.
[9] The trial court entered its order denying Fleschner’s petition on March 17. 4
The court found Fleschner’s behavior “undermine[d] Mother’s parental
authority” and concluded he had failed to overcome the presumption that
Mother’s decision to cut off contact was in Child’s best interest. Appellant’s
App. Vol. 2 at 12. Fleschner appeals.
Discussion and Decision
Standard of Review
[10] Where, as here, a trial court enters findings of fact and conclusions of law
pursuant to Indiana Trial Rule 52, “we must determine whether the evidence
supports the findings and whether the findings support the judgment.” Schaffer
v. Schaffer, 884 N.E.2d 423, 425 (Ind. Ct. App. 2008). We will affirm the
4
On March 9, the court held an evidentiary hearing on Mother’s PO petition. On March 17, the same day
the court entered its visitation order, the court entered an order granting the PO.
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judgment unless it is clearly erroneous, meaning “there are no facts or
inferences drawn therefrom to support it.” Brown v. Lunsford, 63 N.E.3d 1057,
1062 (Ind. Ct. App. 2016).
[11] We show great deference to the trial court’s judgment in family law matters.
Steele-Giri v. Steele, 51 N.E.3d 119, 124 (Ind. 2016). As such, “it is not enough
that the evidence might support some other conclusion, but it must positively
require the conclusion contended for by [the] appellant before there is a basis
for reversal.” Brown, 63 N.E.3d at 1062 (quoting Steele-Giri, 51 N.E.3d at 124).
It is not our role to weigh evidence or judge credibility. Id. Instead, we view
the evidence in a light most favorable to the judgment. Id.
[12] Fleschner presents numerous arguments in support of his contention that the
trial court erred in denying him visitation. We consolidate and restate his
contentions as follows: (1) he proved he had standing to seek visitation; (2) the
trial court applied the wrong legal framework in denying his petition; (3) he
rebutted the presumption that Mother’s decision was in Child’s best interest;
and (4) the trial court improperly considered the ex parte PO in its visitation
determination. Appellant’s Brief at 23. We address each of these arguments in
turn.
1. We question whether Fleschner has standing to seek third-
party visitation with Child.
[13] Indiana statutory and common law has established that in some limited
circumstances, third parties may pursue visitation. See Ind. Code §§ 31-17-5-0.2
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– 31-17-5-10 (Grandparent Visitation); Worrell v. Elkhart Cnty. Off. of Fam. &
Child., 704 N.E.2d 1027, 1029 (Ind. 1998) (recognizing stepparent visitation).
This Court has developed “a two-part common law test for determining
whether to grant visitation to a non-parent,” which requires the third party to
prove: (1) the existence of a custodial and parental relationship with the child;
and (2) visitation would be in the child’s best interest. Dangerfield v. Suggs, 281
N.E.3d 595, 601 (Ind. Ct. App. 2026). The first prong is a matter of standing.
Brown, 63 N.E.3d at 1062. Fleschner argues “[t]he trial court did not squarely
decide the first prong” but nonetheless contends he established standing to seek
visitation with Child. Appellant’s Br. at 19.
[14] Exactly how far the common law “parental and custodial relationship” net can
be cast, particularly as it applies to unrelated third parties, has yet to be
determined. However, our appellate courts have been reluctant “to extend
[common law] visitation rights to third parties who are not step-parents.”
Worrell, 704 N.E.2d at 1029 (holding foster parents may not seek visitation). In
fact, in Worrell, our Supreme Court explicitly “agree[d] with prior holdings [of
this Court] limiting standing to step-parents.” Id. (emphasis added). We thus
tread carefully here so as “not to ‘open the door and permit the granting of
visitation rights to a myriad of unrelated third persons . . . who happen to feel
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affection for a child.’” 5 Brown, 63 N.E.3d at 1062 (quoting Collins v. Gilbreath,
403 N.E.2d 921, 923-24 (Ind. Ct. App. 1980)).
[15] We find Brown v. Lunsford enlightening. There, ex-boyfriend moved in with
mother when her daughter was sixteen months old. 63 N.E.3d at 1058. He
lived with them for three years and had a son with mother before the couple
separated. Id. After the separation, ex-boyfriend exercised visitation with
mother’s daughter during his parenting time with his son. Id. In total, this
arrangement lasted for a year and a half. Id. at 1059. However, when daughter
started exhibiting distressing behaviors, mother ended ex-boyfriend’s visits with
her. Id. Almost four years later, ex-boyfriend petitioned for parenting time
with the daughter, which the trial court granted. Id. A panel of this Court
reversed. Id. at 1065. On the issue of standing, the panel explained:
[W]e acknowledge that custodial and parental relationships may
exist with third parties other than stepparents and former same-
sex partners. [See A.C. v. N.J., 1 N.E.3d 685, 697 (Ind. Ct. App.
2013) (concluding that same-sex domestic partners have standing
5
In light of this policy concern, perhaps third-party visitation should be a question reserved for the People
through its elected representatives in the legislature. Indiana’s constitution vests legislative authority in the
General Assembly, and the separation-of-powers provision makes clear “that each branch of the government
has specific duties and powers that may not be usurped or infringed upon by other branches of the
government.” Lemmon v. Harris, 949 N.E.2d 803, 814 (Ind. 2011) (quoting State v. Monfort, 723 N.E.2d 407,
411 (Ind. 2000), reh’g denied). Yet in Collins v. Gilbreath, this Court affirmed an order awarding visitation to a
stepparent despite finding the enactments of our legislature were “silent on the existence of such rights for
nonparents.” 403 N.E.2d 921, 923 (Ind. Ct. App. 1980). Eight years later, this Court declared that by
passing the Grandparent Visitation Act in 1981, the legislature had “tacitly approved . . . the judicially-
recognized visitation rights of other parties” and delegated its law-making authority in that arena “to the
sound discretion of the courts.” Tinsley v. Plummer, 519 N.E.2d 752, 754 (Ind. Ct. App. 1988).
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to seek third-party visitation). 6] However, in light of the very
limited circumstances in which this court and our [S]upreme
[C]ourt have allowed a third party to request visitation, we do
not believe we may conclude [ex-boyfriend] had standing to
request visitation with [the daughter] in this case.
Id. at 1064.
[16] Similarly, while we recognize that Fleschner was involved in Child’s life for an
extended period and assumed certain parental responsibilities, we question
whether Fleschner, as Mother’s ex-boyfriend, has standing to pursue visitation
with Child. However, we need not definitively decide this issue given our
conclusion that Fleschner failed to rebut the constitutional presumption that
Mother’s decision was in Child’s best interest.
2. The trial court correctly applied the constitutional
presumption that Mother’s decision was in Child’s best
interest.
[17] Fleschner argues the trial court failed to apply the proper legal framework in its
analysis. “Overlaying [Indiana’s] two-part test is a constitutional framework”
protecting parents’ fundamental right “to make decisions concerning the care,
custody, and control of their children.” Dangerfield, 281 N.E.3d at 601 (quoting
In re L.J.S., 923 N.E.2d 458, 462 (Ind. Ct. App. 2010), trans. denied). This
framework establishes that in “visitation proceedings, fit parents are presumed
6
The A.C. decision was issued before the United States Supreme Court’s decision in Obergefell v. Hodges, 576
U.S. 644 (2015).
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to act in their children’s best interest.” Id. Thus, in addition to the elements of
the two-part test, the third party seeking visitation “bears the burden of
overcoming this parental presumption.” Id. at 602.
[18] Fleschner claims the trial court erroneously required him to prove Mother was
unfit even though “[n]othing in the third-party visitation framework requires a
petitioner to prove parental unfitness.” Appellant’s Br. at 18. In its order, the
court reasoned Fleschner was “required to present evidence that Mother was
unfit in making the decision to terminate [his] visits with [Child]” and
concluded that Fleschner did not carry that burden. Appellant’s App. Vol. 2 at
11. But the constitutional framework does not necessarily require a third party
to prove the parent is unfit. Rather, parental unfitness is simply one argument a
third party could present in these circumstances.
[19] Fleschner argues the trial court’s imprecise framing of this issue constitutes
reversible error because “as a result, [the court] never engaged with the actual
visitation inquiry: whether [he] rebutted the presumption” that Mother’s
decision was in Child’s best interest. Appellant’s Br. at 18. We disagree. As an
initial matter, though a third party seeking visitation is not required to prove
unfitness, parental fitness is nonetheless a central feature of this constitutional
framework, as “fit parents are presumed to act in their children’s best interest.”
Dangerfield, 281 N.E.3d at 601 (emphasis added). The United States Supreme
Court highlighted the importance of parental fitness in Troxel v. Granville, 530
U.S. 57, 68 (2000), a foundational case on third-party visitation rights. The
Court began its analysis by establishing that the third party “did not allege, and
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no court ha[d] found, that [the parent] was an unfit parent.” 530 U.S. at 68.
“That aspect of the case [was] important,” and “so long as a parent adequately
cares for his or her children (i.e., is fit), there will normally be no reason for the
State to inject itself” in these matters or “further question the ability of that
parent to make the best decisions concerning the rearing of [their] children.” Id.
at 68-69.
[20] Logic tells us the fit-parent presumption does not apply when a third party
seeking visitation proves the parent is unfit. And here, Fleschner’s position
could be construed as challenging Mother’s parental fitness, as his primary
allegations were that Mother “avoided discussions regarding therapy for the
child” despite the concerning content he found in Child’s diary. Appellant’s
App. Vol. 2 at 14. He testified similarly at the hearing, alleging Child’s diary
included a reference to self-harm and claiming Mother “would not
communicate with [him] about therapy at all.” Tr. at 36. Given that Fleschner
raised Mother’s fitness in his petition and testimony, we cannot say the trial
court erred by analyzing that issue.
[21] And even if the trial court erred, we find no reversible error given the court’s
determination that Fleschner failed to rebut the constitutional presumption. See
Ind. Appellate Rule 66(A) (“No error or defect in any ruling or order . . . by the
trial court . . . is ground for granting relief or reversal on appeal where its
probable impact, in light of all the evidence in the case, is sufficiently minor so
as not to affect the substantial rights of the parties.”). The court explicitly
concluded—with reference to specific evidence—that Fleschner “has not
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overcome the presumption that [Mother’s] decision to deny visits was in
[Child]’s best interest.” Appellant’s App. Vol. 2 at 12. While Fleschner
challenges that conclusion (which we address in Part 3), the court properly
considered the presumption in this case and thus applied the correct legal
framework.
3. The trial court did not err in determining that Fleschner
failed to overcome the fit-parent presumption.
[22] Fleschner argues he rebutted the presumption that Mother’s decision to
terminate visitation was in Child’s best interest. The State’s authority to
“intrude into family decision-making” is substantially limited in the face of “a
parent [who] adequately cares for her child.” Dangerfield, 281 N.E.3d at 601.
Thus, when considering the constitutional presumption that a fit parent acts in
her child’s best interest, courts must give “special weight to a fit parent’s
decision to deny or limit contact” while also affording “some weight to the fact
that a parent has previously agreed to some visitation.” Id. (quoting Schaffer,
884 N.E.2d at 427).
[23] Here, the trial court explicitly recognized that Mother and Fleschner “exercised
equal time with” Child after their separation but ultimately gave more weight
“to Mother’s decision to terminate visits,” concluding Fleschner did not rebut
the fit-parent presumption. Appellant’s App. Vol. 2 at 9, 12. And contrary to
Fleschner’s assertions, the record supports that determination. As noted in the
court’s order, there was extensive evidence about Fleschner’s secret
communications with Child in which he consistently undermined Mother’s
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authority. He and Child exchanged hundreds of messages on a social media
platform Child wasn’t old enough to use and did so through an account Mother
did not know about. Fleschner also discussed adopting Child, sent her secret
packages, and asked her to arrange a sleepover at a friend’s house so he could
see her there without Mother knowing.
[24] Fleschner directs our attention to evidence that he lived with Mother and Child
for over six years, took Child to appointments, spent significant time with Child
after the break-up, and claimed Child on his 2024 and 2025 tax returns as
evidence that he overcame the constitutional presumption. But this is nothing
more than a request to reweigh the evidence. And viewing the evidence in a
light most favorable to the court’s decision, we cannot say its judgment was
clearly erroneous.
[25] Within Fleschner’s argument on this issue, he disagrees with the trial court’s
reliance on Brown. Instead, he argues the court should have relied on A.C.,
Schaffer, and Dangerfield. We disagree.
[26] First, we find no error, let alone reversible error, in the trial court’s reliance on
Brown. We discussed Brown’s underlying facts in Part 1 regarding standing, as
we too find it instructive in this case. In addition to concluding that the ex-
boyfriend did not have standing to seek visitation, the Brown panel considered
whether ex-boyfriend had overcome the constitutional presumption, ultimately
concluding he had not. Brown, 63 N.E.3d at 1065. Given the similarity of both
the underlying facts and legal issues, Fleschner’s qualms are unfounded.
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[27] Second, the cases Fleschner claims are more analogous to his circumstances, in
fact, are not—A.C. involved a same-sex domestic partnership; Schaffer involved
a stepparent; and Dangerfield involved an ex-boyfriend but was decided strictly
on procedural grounds. Taking a closer look, the A.C. panel held that “a
partner who did not give birth to the child ha[d] standing to seek visitation . . .
.” 1 N.E.3d at 697. However, it limited its decision to “the particular factual
circumstances of th[e] case,” which are not present here. Id. And again, A.C.
was decided before the U.S. Supreme Court rendered its decision in Obergefell v.
Hodges, 576 U.S. 644 (2015).
[28] In Schaffer, a stepparent was granted visitation when his marriage to the child’s
mother was dissolved. 884 N.E.2d at 425. When the mother later petitioned to
terminate visitation, a panel of this Court affirmed the trial court’s denial of her
petition, reasoning that: (1) the stepparent’s custodial and parental relationship
with the child had already been established during the dissolution proceedings;
and (2) the mother did not present sufficient evidence to prove it was in the
child’s best interest for visitation to be modified, i.e., terminated. Id. at 429.
None of those facts are present in this case—Fleschner was never Child’s
stepparent; the existence of a parental and custodial relationship between
himself and Child had not been previously adjudicated; and he filed an initial
petition for visitation, not a petition to modify an existing visitation order.
[29] Lastly, Fleschner compares this case to Dangerfield. There, the trial court
granted an ex-boyfriend visitation, but a panel of this Court reversed on
procedural grounds because “[t]he trial court applied the third-party visitation
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test without first tilting the scale in [the] [m]other’s favor as constitutional
requirements demand.” 281 N.E.3d at 602. The trial court there “neither
required [ex-boyfriend] to overcome the parental presumption that [the]
[m]other’s decision to end [the child’s] contact with [ex-boyfriend] was in [the
child’s] best interest nor made any finding that [he] had met that burden.” Id.
Fleschner argues we should reverse on similar grounds, asserting the trial court
“inverted the [constitutional] presumption into an unfitness inquiry” and
ignored his and Mother’s post-separation visitation arrangement. Appellant’s
Br. at 23. But as we previously stated, we find the court correctly applied the
constitutional presumption, and it recognized the visitation arrangement
between Fleschner and Mother. Thus, the procedural circumstances here are
not at all comparable to those in Dangerfield.
4. The trial court did not improperly consider the ex parte PO.
[30] Under the Indiana Civil Protection Order Act, “[t]he fact that an order for
protection is issued . . . does not raise an inference or presumption in a
subsequent case or hearings between the parties.” Ind. Code § 34-26-5-9(j)
(2024) (amended July 1, 2026). Here, Fleschner argues “[t]he trial court erred
by considering the ex parte [PO] in its visitation ruling before the contested PO
hearing had been held.” Appellant’s Br. at 23. He claims the allegations made
in the PO petition were “weave[d]” throughout the court’s visitation order. Id.
at 28.
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[31] First, the trial court’s order on the visitation matter was entered after the
contested PO hearing had taken place. Thus, the premise of Fleschner’s
argument lies on shaky ground. Second, the court’s order made only one
mention of the PO when recounting the parties’ procedural history. The facts
and analysis focused on the evidence presented at the visitation hearing.
Notably, Fleschner concedes that “section 9(j) does not prohibit consideration
of the conduct underlying a [PO] petition when that conduct is properly before
the court.” Appellant’s Reply Br. at 14. Thus, whether the “order’s closing
catalogue of ‘concerns’ about [Fleschner]’s conduct . . . substantially overlaps
with the very allegations pled in the PO petition” is of no consequence.
Appellant’s Br. at 28. Rather, the critical inquiry is whether that “catalogue”
was supported by the evidence presented at trial, and Fleschner concedes that it
was.
[32] While the trial court did note at the visitation hearing that there was an ex parte
order in place, there is no evidence the court relied on its existence when it
denied Fleschner visitation. Again, the court’s visitation order only mentions
the ex parte order in the procedural overview of the case—not in the facts or the
analysis. Accordingly, Fleschner has failed to show the court imputed an
inference or presumption against him in the visitation decision as a result of the
ex parte order.
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Conclusion
[33] Finding no reversible error, we affirm the trial court’s decision denying
Fleschner’s petition for visitation with Child.
[34] Affirmed.
Foley, J., and Felix, J., concur.
ATTORNEY FOR APPELLANT
Rachelle N. Ponist
Harshman Ponist Smith & Rayl
Indianapolis, Indiana
ATTORNEY FOR APPELLEE
Joseph K. Etling
Smock & Etling
Terre Haute, Indiana
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