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Indiana Dad and Interpreting Guidelines

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WorriedDad38

Junior Member
:confused:Indiana

I am from Indiana and after almost a year of fighting with my ex-wife to get our daughter at least as much as Indiana Guidelines say I should have her we are at a stale mate. Her lawyer keeps pushing the hearing back. My ex-wife only wants to follow the guidelines when they are to her benefit. Where my question comes in is I am not sure how to interpret the guidelines when it comes to holiday time.



Mother’s Day weekend is actually my scheduled weekend. I am not saying that I should have her. I do believe that she should be with her mother on this weekend. Even though in the past (before I took her to court) she stated that a good Mother’s Day was a day without her kids. She stated that I would not see our daughter for the next two weekends because the next weekend is her scheduled weekend. I interpreted the guidelines to say that if the non custodial parent misses a weekend they will get the child the following weekend.




She is saying that since it says “regularly scheduled” weekend that means it will be on my next weekend.

Who is right?

Please help!!!
Indiana Guidelines:

1 Conflicts Between Regular and Holiday Weekends.
The Holiday Parenting Time Schedule shall take precedence over regularly scheduled and extended parenting time. Extended parenting time takes precedence over regular parenting time unless otherwise indicated in these Guidelines.



If the non-custodial parent misses a regular weekend because it is the custodial parent's holiday, the regular alternating parenting time schedule will resume following the holiday. If the non-custodial parent receives two consecutive weekends because of a holiday, the regular alternating parenting time schedule will resume the following weekend with the custodial parent.What is the name of your state (only U.S. law)?
 


Proserpina

Senior Member
I just have a quick question.


Given that this weekend is Mother's Day, and the chances of anything happening (court wise) is absolutely nil before then - what's your goal, Dad?
 

WorriedDad38

Junior Member
My true goal is to understand the wording of the Indiana State Guidelines. I do not want to have to go 3 weekends without seeing my daughter. If my ex-wife and I need to arrange our schedules due to the holidays I would like for both of us to have ample time to make adjustments.

I just want things to be as fair as they can be in this situation. For in the end, our daughter is the true looser.
 

LdiJ

Senior Member
:confused:Indiana

I am from Indiana and after almost a year of fighting with my ex-wife to get our daughter at least as much as Indiana Guidelines say I should have her we are at a stale mate. Her lawyer keeps pushing the hearing back. My ex-wife only wants to follow the guidelines when they are to her benefit. Where my question comes in is I am not sure how to interpret the guidelines when it comes to holiday time.



Mother’s Day weekend is actually my scheduled weekend. I am not saying that I should have her. I do believe that she should be with her mother on this weekend. Even though in the past (before I took her to court) she stated that a good Mother’s Day was a day without her kids. She stated that I would not see our daughter for the next two weekends because the next weekend is her scheduled weekend. I interpreted the guidelines to say that if the non custodial parent misses a weekend they will get the child the following weekend.




She is saying that since it says “regularly scheduled” weekend that means it will be on my next weekend.

Who is right?

Please help!!!
Indiana Guidelines:

1 Conflicts Between Regular and Holiday Weekends.
The Holiday Parenting Time Schedule shall take precedence over regularly scheduled and extended parenting time. Extended parenting time takes precedence over regular parenting time unless otherwise indicated in these Guidelines.



If the non-custodial parent misses a regular weekend because it is the custodial parent's holiday, the regular alternating parenting time schedule will resume following the holiday. If the non-custodial parent receives two consecutive weekends because of a holiday, the regular alternating parenting time schedule will resume the following weekend with the custodial parent.What is the name of your state (only U.S. law)?
This one is always a "bone of contention" with Indiana Parents. The purpose of this clause is to ensure that no parent ends up with more than two weekends in a row. However, in practice, what happens is that the rotation always ends up changing, and its difficult to make long term plans.

What many parents do to resolve this is that the agree that the rotation will ALWAYS remain the same, and that if that means that sometimes one of them gets three weekends in a row, so be it, because over the course of a year it will all wash out in the end.

However, you are correct. Mom will get two weekends in a row because mother's day is her weekend, therefore you are supposed to get the next weekend.

If you get out a calendar and show it to mom, she might be more amenable.

14th would be your weekend.
21st would be mom's weekend
28th would be your weekend AND your Memorial Day holiday
4th of june would be mom's weekend.
11th of june would be your weekend.
18th of june would be your weekend again due to Father's Day.
25th of june would restart the rotation again as mom's weekend.

If you do it mom's way

14th would be her weekend, giving her three weekends in row
21st would be your weekend
28th would be your weekend again due to Memorial Day holiday
4th of june would be your weekend again on the regular rotation (giving you three in a row)
11 of june would be mom's weekend
18th of june would be your weekend and your holiday
25 of june would be your weekend on the regular rotation.

So if you do it mom's way mom would only get three weekends in May and June. (counting mother's day) If you do it your way mom would have 4 weekends in may and june (counting mother's day)
 

Ohiogal

Queen Bee
This one is always a "bone of contention" with Indiana Parents. The purpose of this clause is to ensure that no parent ends up with more than two weekends in a row. However, in practice, what happens is that the rotation always ends up changing, and its difficult to make long term plans.

What many parents do to resolve this is that the agree that the rotation will ALWAYS remain the same, and that if that means that sometimes one of them gets three weekends in a row, so be it, because over the course of a year it will all wash out in the end.

However, you are correct. Mom will get two weekends in a row because mother's day is her weekend, therefore you are supposed to get the next weekend.

If you get out a calendar and show it to mom, she might be more amenable.

14th would be your weekend.
21st would be mom's weekend
28th would be your weekend AND your Memorial Day holiday
4th of june would be mom's weekend.
11th of june would be your weekend.
18th of june would be your weekend again due to Father's Day.
25th of june would restart the rotation again as mom's weekend.

If you do it mom's way

14th would be her weekend, giving her three weekends in row
21st would be your weekend
28th would be your weekend again due to Memorial Day holiday
4th of june would be your weekend again on the regular rotation (giving you three in a row)
11 of june would be mom's weekend
18th of june would be your weekend and your holiday
25 of june would be your weekend on the regular rotation.

So if you do it mom's way mom would only get three weekends in May and June. (counting mother's day) If you do it your way mom would have 4 weekends in may and june (counting mother's day)
Keep that and just repost it when this question comes up again because that explains it very well.
 

CJane

Senior Member
I'm confused.

Do you have an order AT ALL?

Does it CURRENTLY tell you to follow the IPTG?

Does it include Mother's Day as a holiday?

What's easier at the end of the day... trying to keep make plans, having to take into account whether or not the rotation has been "restarted" somewhere in there, or just sucking it up (both of you) when one parent has more weekends in a month?

I've been divorced for almost 6.5 years, and we've always just done the e/o weekend thing, and if he has more weekends in a row because of his holidays, then there's a good chance that I'll have more weekends in a row because of MY holidays in another month. No big deal, and I can tell you which weekends I'll have my kids for the next 8 years.
 

GinAA

Member
Are you close enough to say, take your child to dinner, during the week between the weekends you wont be able to have them? Would Mom agree to this? Just a thought. I'm in Indiana and have delt with the guidelines for 14 years and the best thing is to try and work it out. My son will be gone for 3 weekends in a row but then be home for a few in a row. His father and I just try to work it out. I know it's tough but just do what you can and enjoy the time that you can have with your child.

Just my .02 worth.
 

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