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Indiana Parenting Guidelines - school activities and make up time

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S

stefanocassara

Guest
What is the name of your state?Sorry for the long question. I need some help interpreting the guidelines as they relate to school activities and make up time.

My ex wife recently moved with our two children 120 miles away - from Fort Wayne, where I still reside, to Indianapolis. I now get the kids every other weekend. We meet at a half way point for the exchange.

My daughter is participating in sports and has occasional Saturday meets which interfere with the regularly-scheduled visitation. I have proposed picking her up Saturday evenings after the events on those weekends but feel I'm entitled to "make-up" time. My ex says it is my responsibility to take my daughter to her events and that deciding not to does not entitle me to make up time.

The guidelines say:

"The opportunity for a child to attend a school function should not be denied solely because a parent is not able to attend the function. In such instance, the child should be permitted to attend the function with the available parent. Scheduled parenting time should not be used as an excuse to deny the child’s participation in school related activities, including practices and rehearsals."

"the non-custodial parent shall make reasonable efforts to accommodate a teenager’s participation in his or her regular academic, extracurricular and social activities.

"The parent exercising parenting time shall be responsible to transport the child to school related activities"

"If an adjustment results in one parent losing scheduled parenting time with the child, “make-up” time should be exercised as soon as possible. If the parents cannot agree on “make-up” time, the parent who lost the time shall select the “make-up” time within one month of the missed time.

I can not afford to spend the entire weekend in Indianapolis and driving her back and forth all weekend is highly impractical at best. I feel that switching weekends or picking her up on Saturdays is the best compromise. My question is: If taking her myself to those meets is unreasonable,
(1) does that exonerate me from the responsibility of transporting her to those events.
(2) does that entitle me to make-up time?
 


I am not a lawyer, but I am in Indiana. My interpretation of the PTGL (and believe me, I have read them numerous times) is that you are NOT entitled to make-up the time if YOU choose not to exercise the time. So, if YOU choose not to go to Indy, not to take your daughter to her activities, and not visit with her on a weekend that you are normally scheduled to attend, YOU are not entitled to make-up the time.

When a NCP chooses to forego visitation themselves, they are basically "waiving" their rights to that visitation (for lack of a better phrase).

You need to figure out how to get to Indy to see your daughter, participate in her activities, or settle for only seeing her when she has nothing else to do, which seeing as how she is a teenager isn't going to be for about 10 years!
 

tigger22472

Senior Member
SuzieWahoozie said:
I am not a lawyer, but I am in Indiana. My interpretation of the PTGL (and believe me, I have read them numerous times) is that you are NOT entitled to make-up the time if YOU choose not to exercise the time. So, if YOU choose not to go to Indy, not to take your daughter to her activities, and not visit with her on a weekend that you are normally scheduled to attend, YOU are not entitled to make-up the time.

When a NCP chooses to forego visitation themselves, they are basically "waiving" their rights to that visitation (for lack of a better phrase).

You need to figure out how to get to Indy to see your daughter, participate in her activities, or settle for only seeing her when she has nothing else to do, which seeing as how she is a teenager isn't going to be for about 10 years!
I guess it's a matter of interpretation because my divorce decree also went by these guidelines and although I think I was told to me it could be I just assumed it meant that if a visitation is missed REGARDLESS of who's fault the next time the NCP wants visitation they are entitled to it to make up time period. According to guidelines for instance let's say this weekend would be your scheduled weekend visitation... let's say you haven't seen the child in 3 month... but, next weekend you decide you want the child for visitation. The CP is required to make the child available to you and your EOW would begin again. I realize that's not the same as make up.. but was point it out. 'waiving' rights mean nothing. CP is required to make child available for make ups regardless of who's fault as I said.
 

LdiJ

Senior Member
tigger22472 said:
I guess it's a matter of interpretation because my divorce decree also went by these guidelines and although I think I was told to me it could be I just assumed it meant that if a visitation is missed REGARDLESS of who's fault the next time the NCP wants visitation they are entitled to it to make up time period. According to guidelines for instance let's say this weekend would be your scheduled weekend visitation... let's say you haven't seen the child in 3 month... but, next weekend you decide you want the child for visitation. The CP is required to make the child available to you and your EOW would begin again. I realize that's not the same as make up.. but was point it out. 'waiving' rights mean nothing. CP is required to make child available for make ups regardless of who's fault as I said.
The guidelines are pretty specific on the issue that BOTH parents are supposed to be part of the kid's extracurricular activities...and accomodate those activities. I don't think that this is a case where dad can automatically demand makeup time. Its one of those "gray areas" under the guidelines. The OP should read them in their totality...and not focus too hard on just one area without taking the whole "spirit" into consideration. Dad may be entitled to some makeup time...but it needs to be balanced carefully with the message that both parents are to be involved in extracurricular actitivites.

EDIT...I am adding something to this response. The guidelines also don't call for makeup time regardless of whose fault it was that a visit was missed. Many parents choose not to exercise parenting time on a regular basis. In that scenario makeup time is not a requirement.
 
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