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Indiana Parenting Time

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amandadc8

Junior Member
Bottom line, if this is a problem for Mom and Dad, then they need to agree on and file a clearer schedule, with exact dates and times laid out in advance. Then there's nothing to dispute. If this is just a problem for YOU, then you need to butt out.
This is THEIR second time in court over visitation dispute. I am not sure if you are familiar with the IPTG or not, but it is what most divorced parents are legally held to in our state when they cannot agree. She is in contempt of court for not complying with the guidelines and I am only their stepmother which really amounts to a hill of beans. It does not matter what I think. I was asking for LEGAL advice, not opinions. If you know nothing about the law, especially in Indiana, I would suggest you butt out. :)
 


LdiJ

Senior Member
A bit more to add to this: the children's father has contacted an attorney. Mom has been in town with children every day since monday for softball practice and other activities. The guidlines state that "The time may be either consecutive or split into two (2) segments," so every other weekend is not an option. Mom will have had them for 18 days before she will let Dad have them again. First she was at "Holiday World", then "camping" then "camping" at a different location, all while she comes to town daily. I will also add that Dad let Mom come get them a day early because she "needed time to have them get ready for vacation." Mom didn't tell Dad he could not get them for his visitation until she already had them.

Oh, and the IPG state "During any extended summer period of more than two (2) consecutive weeks with the non-custodial parent, the custodial parent shall have the benefit of the regular parenting time schedule set forth above, unless impracticable because of distance created by out of town vacations." It does not say AFTER two weeks, it says during. Am I wrong about this?
Based on how I have seen Indiana judges rule on this, yes you are wrong.
 

amandadc8

Junior Member
However, this is a case where I'm not sure I'd fight the battle. Mom could argue that the distance DOES make visitation impractical - even if it's only 20 miles - since it can be very difficult to get in and out of campgrounds.

In any event, NCP has the child 1/3 of the time according to the above. In 18 years, there are 6574 days, so NCP has 2170 days. Is it really worth fighting over whether it's 2168 or 2170 days?
I just wanted to say that this is the very reason I asked on this forum. It does not say "impractical". It says "impracticable", which has a very different meaning. Impracticable means impossible.

Also, I agree on your math about the days. A few days are not worth fighting over and he probably needs to quit giving her days out of his time when she asks.
 

CJane

Senior Member
Know what Mom should do?

Since she can't afford a FL vacation with the kids, she should plan one for while Dad already has the kids in FL and just fly HERSELF down there. Get a campsite near wherever Dad and SMom are staying, and insist on her normal parenting time during their vacation.

Problems solved.
 

amandadc8

Junior Member
Know what Mom should do?

Since she can't afford a FL vacation with the kids, she should plan one for while Dad already has the kids in FL and just fly HERSELF down there. Get a campsite near wherever Dad and SMom are staying, and insist on her normal parenting time during their vacation.

Problems solved.
If only it were PRACTICABLE. I'll let you know how court goes. ;)
 

single317dad

Senior Member
This is THEIR second time in court over visitation dispute. I am not sure if you are familiar with the IPTG or not, but it is what most divorced parents are legally held to in our state when they cannot agree. She is in contempt of court for not complying with the guidelines and I am only their stepmother which really amounts to a hill of beans. It does not matter what I think. I was asking for LEGAL advice, not opinions. If you know nothing about the law, especially in Indiana, I would suggest you butt out. :)
I will give you two pieces of advice:

1) The existence of the IPTG does not prevent the parties involved from agreeing on a schedule of their own. It's just that: a "Guideline". My ex and I have our own order which is very similar to parts of the IPTG but contains several clarifications and a few changes.

2) You will at some point be surprised when you learn that what you are receiving IS legal advice. There are parties in this action: Mom, Dad, the Judge, their attorneys if any, and the kids to some extent. Only ONE of those parties can find Mom in contempt. Can you guess which one?

That will conclude my advice. I'll now "butt out", as I obviously have no knowledge or experience in Indiana family law.
 

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