Legal Question in Family Law in Indiana
About 2 years ago my ex-wife told me that I could have our 3 kids every other week because she could not handle life. I got the support modification done and signed by the judge, so we have record that the kids have been with me for 7 days straight every other week. Now their mother wants to take it back to me only getting them every other weekend and is demanding it start immediately. She obviously couldn't handle having the kids full-time before....Is there anything I can do?
2 Answers from Attorneys
She will have to prove that modification is in the best interest of the children.
If you didn't have the custody order modified two years ago, you should have. It sounds like you only modified the support order, so now you will need to petition the court for a modification of the custody/parenting time order. The fact that your ex-wife agreed to the equal time arrangement for the past two years would be evidence toward your burden of proof that the change (to what you have been doing) is in the children's best interest.
Unfortunately, If your current custody order says you get the kids every other weekend, there is no way to enforce the voluntary parenting-time split until you can get to court.
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