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Indiana parenting time guidelines ?

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What is the name of your state (only U.S. law)? IN
Ok the guidelines say that the NCP has to let the Cp know by april 1 of there selection of summer time. That is not the problem I sent NCP my selection of my summer time and he is saying now I am not entitled to summer vacation time/selection because I did not let him know by april 1. Well I had to wait for his selection first and to see what time my husband could get off because he changed jobs and could not schedule any until after his 90 days so we could take a family vacation. Any thoughts on this issue would be helpful. Thanks so much

Here is what I'm referring to

3. Extended Parenting Time (Child 5 and older)

One-half of the Summer Vacation. The summer vacation begins the day after school lets out for the summer, and ends the day before school resumes for the new school year. The time may be either consecutive or split into two (2) 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 and notify the other parent. All notices shall be given in writing and verbally. A timely selection may not be rejected by the other parent. Notice of an employer's restrictions on the vacation time of either parent shall be delivered to the other parent as soon as that information is available. In scheduling parenting time the employer imposed restrictions on either parent's time shall be considered by the parents in arranging their time with their child.

If a child attends a school that has a year-round or balanced calendar, the noncustodial parent’s extended parenting time shall be one-half of the time for fall and spring school breaks. Unless otherwise agreed to by the parents or ordered by the trial court, the noncustodial parent shall exercise parenting time the first half of school break in odd years, and the second half of school break in even years. Absent an agreement of the parties, the first half of the break will begin two hours after the child is released from the school, and the second half of the period will end at 6:00 p.m. on the day before school begins again. Summer Vacation should be shared equally between parents as provided in the paragraph above. Winter break/Christmas vacation should be shared as provided in the Holiday Parenting Time Schedule.

If a child attends summer school, the parent exercising parenting time shall be responsible for the child's transportation to and attendance at school.

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, which includes alternating weekends and mid-week parenting time, unless impracticable because of distance created by out of town vacations.

Similarly, during the summer period when the children are with the custodial parent for more than two (2) consecutive weeks, the non-custodial parent's regular parenting time continues, which includes alternating weekends and mid-week parenting time, unless impracticable because of distance created by out of town vacations.

The selection of a parent’s summer parenting time shall not deprive the other parent of the Holiday Parenting Time Schedule below. See Section II. F.
 


I'mTheFather

Senior Member
What is the name of your state (only U.S. law)? IN
Ok the guidelines say that the NCP has to let the Cp know by april 1 of there selection of summer time. That is not the problem
So, what is the problem? I read the whole thing, but it seems that the April 1 deadline is the problem, or at least part of it.
I sent NCP my selection of my summer time and he is saying now I am not entitled to summer vacation time/selection because I did not let him know by april 1. Well I had to wait for his selection first and to see what time my husband could get off because he changed jobs and could not schedule any until after his 90 days so we could take a family vacation. Any thoughts on this issue would be helpful. Thanks so much
If your ex is saying you may not have any summer visitation, then he is clearly wrong. If he is saying you're not entitled to make the selection of times because you missed the deadline, then he is technically correct.

The guidelines refer to the parents' work schedules, not the stepparents. If this is the contentious ex relationship you've mentioned previously, then it's not surprising he's balking. Had you informed him of the delay? Asked for an extension?
 

LdiJ

Senior Member
So, what is the problem? I read the whole thing, but it seems that the April 1 deadline is the problem, or at least part of it.
If your ex is saying you may not have any summer visitation, then he is clearly wrong. If he is saying you're not entitled to make the selection of times because you missed the deadline, then he is technically correct.

The guidelines refer to the parents' work schedules, not the stepparents. If this is the contentious ex relationship you've mentioned previously, then it's not surprising he's balking. Had you informed him of the delay? Asked for an extension?
I think she is saying that he is telling her that she cannot take a vacation, ie not permitted to deprive him of regular visitation during her summer parenting time by taking a vacation. I do not believe that the guidelines allow him to do that. However, they do allow him to choose what weeks she gets for her summer parenting time if she did not make her selection by April 1st.
 

LdiJ

Senior Member
Isn't HE, as NCP, the one who must choose by April1? Not her?
If I remember correctly she is the NCP of that particular child. However, if I have that wrong then she needs to start over and explain it again.
 

stealth2

Under the Radar Member
What is the name of your state (only U.S. law)? IN
Ok the guidelines say that the NCP has to let the Cp know by april 1 of there selection of summer time. That is not the problem I sent NCP my selection of my summer time and he is saying now I am not entitled to summer vacation time/selection because I did not let him know by april 1. Well I had to wait for his selection first and to see what time my husband could get off because he changed jobs and could not schedule any until after his 90 days so we could take a family vacation. Any thoughts on this issue would be helpful. Thanks so much
Here she indicates that HE is the NCP. Who knows.
 

LdiJ

Senior Member
Here she indicates that HE is the NCP. Who knows.
I am not sure that the OP realizes this, but I know who she is outside of this forum, and for many years back. So I am not operating on pure guesswork...but that doesn't mean that I could not be wrong.

If its the child I am thinking of, even if she is the CP, this particular dad has made a habit of trying to stop her taking vacations with the child, from back more than ten years ago.
 
LDIJ you are correct it is the same dad and I am the CP The vacation time is not during the 13 days of summer time that he requested.(he has never taken half of the summer) I lined out my half after april 1 as I could not make my selection until after he made his. I have an attorney but before I ask him I ask here or at the local free ask an attorney that the library has once a month. I did let him know the weeks I intended to take and let him know vacation plans/camping trips would be made during those weeks and I would notify him as soon as final plans were made. And yes every year he trys to stop vacations just last week he tried to block be going to my oldest daughters graduation from college we asked the court for permission and it was granted but that is here nor there.

This year takes the cake during the month of june and july with the weeks of his 13 days he chose he ends up with 6 weekends in a row. We use the new guidelines so 3 weekends in a row is allowed to always keep the weekends in the same rotation. With that being said between fathers day 4 of july holiday the normal weekends and his selection he would get 6 weekends in a row. Now I am not complaining he is taking her at all but he does this stuff all of the time to be a pain. so I made my selection in 2 different chuncks as allowed of 2 weeks over 1 weekend so we can have at lease 2 weekends for a camping trip and a vacation. But like I said I did let him know that plans were pending. I have just learned to go with the flow over the years and pick and choose my battles so to speak.
 

LdiJ

Senior Member
LDIJ you are correct it is the same dad and I am the CP The vacation time is not during the 13 days of summer time that he requested.(he has never taken half of the summer) I lined out my half after april 1 as I could not make my selection until after he made his. I have an attorney but before I ask him I ask here or at the local free ask an attorney that the library has once a month. I did let him know the weeks I intended to take and let him know vacation plans/camping trips would be made during those weeks and I would notify him as soon as final plans were made. And yes every year he trys to stop vacations just last week he tried to block be going to my oldest daughters graduation from college we asked the court for permission and it was granted but that is here nor there.

This year takes the cake during the month of june and july with the weeks of his 13 days he chose he ends up with 6 weekends in a row. We use the new guidelines so 3 weekends in a row is allowed to always keep the weekends in the same rotation. With that being said between fathers day 4 of july holiday the normal weekends and his selection he would get 6 weekends in a row. Now I am not complaining he is taking her at all but he does this stuff all of the time to be a pain. so I made my selection in 2 different chuncks as allowed of 2 weeks over 1 weekend so we can have at lease 2 weekends for a camping trip and a vacation. But like I said I did let him know that plans were pending. I have just learned to go with the flow over the years and pick and choose my battles so to speak.
Stand your ground as far as your vacation is concerned...in fact just do not discuss it with him beyond giving him the information, once.
 
Thats the plan I always pop a letter in the mail 2 days before we leave giving him the required information for being out of the area and then go enjoy myself just wanted to make sure I cover my butt as far as following the rules
 

single317dad

Senior Member
Enjoy your vacation (with your mobile phone in the OFF position). Offer makeup time for the missed weekend whenever applicable.
 
Thanks all of you! Now dealing with a contempt charge for taxes I did not claim her as per our order it's a return prior to a 2009 decree. So he has filed in the past attaching the decree to the return. He got in my face a few weeks ago in front of my kids and said I had to sign a form for release of exemption. I told him no I did not have to according to pub 504 from the IRS he got rude clenched his fist and jaw and started screaming at me. I do not get out of my car durning exchange as I don't feel safe so I rolled up my window and left. I e mailed him a copy of our return with personal info blacked out but he could see that she was not claimed also attached a copy of pub 504 with the parts highlighted. My attorney said this is a frivolous motion out of many and he is going to ask it be treated as such and that my fees to be paid by him.
 

Zigner

Senior Member, Non-Attorney
Thanks all of you! Now dealing with a contempt charge for taxes I did not claim her as per our order it's a return prior to a 2009 decree. So he has filed in the past attaching the decree to the return. He got in my face a few weeks ago in front of my kids and said I had to sign a form for release of exemption. I told him no I did not have to according to pub 504 from the IRS he got rude clenched his fist and jaw and started screaming at me. I do not get out of my car durning exchange as I don't feel safe so I rolled up my window and left. I e mailed him a copy of our return with personal info blacked out but he could see that she was not claimed also attached a copy of pub 504 with the parts highlighted. My attorney said this is a frivolous motion out of many and he is going to ask it be treated as such and that my fees to be paid by him.
If you are ordered to allow him to take the deduction, then you could be found to be in contempt by not providing the form.
 

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