Indiana Parenting Time

[niteowl46060]

What is the name of your state (only U.S. law)? Indiana

Different attorneys give different answers to this question, so maybe someone can help me straighten this out!
Question is: does the non custodial parent get to choose specific weeks for summer parenting time, or only that he wants his weeks to be consective or split into two segments? The book words it this way:

"One-half of the summer vacation. The time may be either consecutive or split into two segments. The noncustodial parent shall give notice to the custodial parent of the selection by April 1 of each year. If such notice is not given, the custodial parent shall make the selection."

Does "selection" mean specific dates or just if it's to be consecutive or not? I no longer have an attorney representing me, but when I did, he said the judge would normally interpret that to mean specific dates. However, when I later consulted a different attorney, he said it just means whether or not it's to be consecutive, that the book does not in any way state that the noncustodial parent can choose specific dates.

Can anyone enlighten me please??? I'm going to be facing an uphill battle with my ex on this one, so I need to make sure I know what I'm talking about!

Thanks!!

 

[stealth2]

I believe it to mean that the NCP selects the dates by April 1, or the CP gets to choose.

But LDi, who is in IN, should be along at some point this morning and she can confirm or deny.

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana

Different attorneys give different answers to this question, so maybe someone can help me straighten this out!
Question is: does the non custodial parent get to choose specific weeks for summer parenting time, or only that he wants his weeks to be consective or split into two segments? The book words it this way:

"One-half of the summer vacation. The time may be either consecutive or split into two segments. The noncustodial parent shall give notice to the custodial parent of the selection by April 1 of each year. If such notice is not given, the custodial parent shall make the selection."

Does "selection" mean specific dates or just if it's to be consecutive or not? I no longer have an attorney representing me, but when I did, he said the judge would normally interpret that to mean specific dates. However, when I later consulted a different attorney, he said it just means whether or not it's to be consecutive, that the book does not in any way state that the noncustodial parent can choose specific dates.

Can anyone enlighten me please??? I'm going to be facing an uphill battle with my ex on this one, so I need to make sure I know what I'm talking about!

Thanks!!

It means both specific dates and whether or not its to be consecutive. I am really surprised that an Indiana attorney would tell you any differently than that.

So, the ex gets to give you his/her dates by April 1st. If not, you get to select.

 

[niteowl46060]

Thank you so much for your replies, but how do you know that for sure? I'm just wondering why different attorneys gave me different answers...I hate that the guidelines book is so vague! And how is it fair that the ncp gets to choose every year???

 

[Proserpina]

Thank you so much for your replies, but how do you know that for sure? I'm just wondering why different attorneys gave me different answers...I hate that the guidelines book is so vague! And how is it fair that the ncp gets to choose every year???

Well, possibly because the CP has kiddo the rest of the time.

 

[cheesecake46580]

Mine have always sent me a calender of the dates ect they want. I have done te same now that I am ncp.

 

[stealth2]

Thank you so much for your replies, but how do you know that for sure? I'm just wondering why different attorneys gave me different answers...I hate that the guidelines book is so vague! And how is it fair that the ncp gets to choose every year???

Who told you life was fair? DO you think the NCP thinks it's "fair" that s/he has the kids a few days out of each month? Perhaps, if you'd like to be "fair", you should swap places with the NCP. Then, YOU could pick when you can take vacation!

 

[LdiJ]

Thank you so much for your replies, but how do you know that for sure? I'm just wondering why different attorneys gave me different answers...I hate that the guidelines book is so vague! And how is it fair that the ncp gets to choose every year???

Yes, I know that for sure.

The guidelines really are not vague. They are designed to be specific, but to also force parents to actually co-parent.

 

[cheesecake46580]

I have always looked @ it you are to know by april 1st. If the CP wants a certain date in the summer politely ask if they can take that in account. If they don't then pick a different date. I have been on each side of the fence and still feel that way.