Legal Question in Family Law in Indiana
Court Decree in Indiana
I received joint custody of my daughter March 2001. I live in Indiana. After the court proceedings, the mother moved to Maryland. The primary residence will be with me during the school year and during the summer break, and alternate spring and Christmas breaks with the mother. She has been late for visitation for each one. She now has decided to move back to Indiana, and states since we have joint custody, she does not have to return her after Christmas break. I explain what the court order stated and my daughter would be missing school, and the mother stated the court order doesn't mean anything. Advice??
2 Answers from Attorneys
Re: Court Decree in Indiana
You first need to make clear to her that you are not and will not agree to any deviation of the court order. Next advise her that should she fail to return the child as ordered, that you will contact the police to have the child returned.(be sure you have a copy of the order for the police.)
You must also be ready to pursue enforcement of this order in court and let her know you will do so. Her continued failure to comply with the order will result in she being held in contempt of court. This means she could be held liable for attorney fees you have incurred as well as a modification of the order which may mean supervised visitation for her when with the child.
Remember, when dealing with such a person you must follow through with what ever you state you will do.
Should you like to discuss this further, please contact me at 317 686-0000, email at [email protected] or go to www.tambascolaw.com. Good luck.
Re: Court Decree in Indiana
I would suggest that you (1) contact an attorney and be prepared to take immediat action; (2) take no action until the order is violated, and (3) once the order is violated to file for a contempt and a request for writ of assistance and/or emergency hearing. Since you have an order giving you physical custody, I would expect the court to order the sheriff to assist you in obtaining custody of your daughter. Alternative - self help if you know where you could get your daughter without a physical confrontation