What are my rights?

[cchandley1]

What is the name of your state (only U.S. law)? Indiana. I am currently in a situation where my children's mother is threatening to take them from school so she can homeschool and teach creationism. We have joint legal and joint physical custody. As of this moment we are living together but not for much longer. Since we have the same custodial rights can I prevent her from doing this?

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana. I am currently in a situation where my children's mother is threatening to take them from school so she can homeschool and teach creationism. We have joint legal and joint physical custody. As of this moment we are living together but not for much longer. Since we have the same custodial rights can I prevent her from doing this?

You can point out to her that since you have joint custody that she needs your agreement to do that, and that you do not agree, and that if she attempts to do it anyway you will take her to court for contempt. At that point however, it will be the judge's decision. From what I have seen in Indiana, if one parent objects to homeschooling, unless the parent who wishes to home school has really solid reasons and a really strong plan, the judge is unlikely to agree.

 

[cchandley1]

You can point out to her that since you have joint custody that she needs your agreement to do that, and that you do not agree, and that if she attempts to do it anyway you will take her to court for contempt. At that point however, it will be the judge's decision. From what I have seen in Indiana, if one parent objects to homeschooling, unless the parent who wishes to home school has really solid reasons and a really strong plan, the judge is unlikely to agree.

How can I fully apply my rights as a parent after I have left the same house? She feels that she has more right to them than I do because she gave birth to them. Do I just need to get ready for a battle?

 

[Just Blue]

How can I fully apply my rights as a parent after I have left the same house? She feels that she has more right to them than I do because she gave birth to them. Do I just need to get ready for a battle?

Do you have a Divorce Attorney? If so you should cunsult him or her. If you are doing this ProSe...EDUCATE yourself on the custodial law in your sate.

 

[LdiJ]

How can I fully apply my rights as a parent after I have left the same house? She feels that she has more right to them than I do because she gave birth to them. Do I just need to get ready for a battle?

Yes, you may have to get ready for a battle. If you stand your ground however, and take her to court when she violates the parenting plan or violates the joint custody, then she will eventually get slammed hard enough to realize that she is not the boss.

However, do not go into overkill on the joint custody issue. Don't try to micromanage every little thing because that won't fare well for you. Mom does what she wants on her time, you do what you want on your time, and major decisions, such as education and major medical issues must be decided jointly.

Google the Indiana Parenting Time Guidelines and read them thoroughly. They will give you a very good feel for how the Indiana Courts regard parenting issues and how they expect parents to behave.

 

[cchandley1]

Yes, you may have to get ready for a battle. If you stand your ground however, and take her to court when she violates the parenting plan or violates the joint custody, then she will eventually get slammed hard enough to realize that she is not the boss.

However, do not go into overkill on the joint custody issue. Don't try to micromanage every little thing because that won't fare well for you. Mom does what she wants on her time, you do what you want on your time, and major decisions, such as education and major medical issues must be decided jointly.

Google the Indiana Parenting Time Guidelines and read them thoroughly. They will give you a very good feel for how the Indiana Courts regard parenting issues and how they expect parents to behave.

I will study those guidelines, thank you. As it currently stands, we have no specific times set up. She thinks that she gets the say in when I can and can't see them. In order to change this do I have to take her back to court and risk getting the short end of the stick when it comes to visitation?

 

[cchandley1]

Do you have a Divorce Attorney? If so you should cunsult him or her. If you are doing this ProSe...EDUCATE yourself on the custodial law in your sate.

I do not have a divorce attorney. We were never married but I did get joint custody a few years back. If I do represent myself do you know of any good articles or resources? Thank you>

 

[CJane]

You've been to court to have custody established - in Indiana - and no specific parenting time was set up? Not even a clause in the order indicating that you should follow the IPTG?

 

[cchandley1]

You've been to court to have custody established - in Indiana - and no specific parenting time was set up? Not even a clause in the order indicating that you should follow the IPTG?

Yes, times were issued initially and we got back together before the court date. We went to court to dissolve the actual times but not the custody. We are still listed as joint legal and joint physical custody.

 

[LdiJ]

Yes, times were issued initially and we got back together before the court date. We went to court to dissolve the actual times but not the custody. We are still listed as joint legal and joint physical custody.

Then you absolutely NEED to read and study those guidelines, because if parents cannot agree, the guidelines are exactly what the judge will order...and yes, you will have to go back to court to get specific parenting time set up.

 

[cchandley1]

Then you absolutely NEED to read and study those guidelines, because if parents cannot agree, the guidelines are exactly what the judge will order...and yes, you will have to go back to court to get specific parenting time set up.

Well, that sucks! Thank you all for your help.