Legal Question in Family Law in Indiana

I have a court order stipulating that myself and my ex have joint custody. The arrangements are I have our 5 year old daughter winter break, spring break, and summer vacation. She resides in Nevada whereas I reside in Indiana. Since the order was granted, she has since broke it by way of not sending her to me on the agreed times due to the fact that she is pregnant and "has no financial backing". Though this is untrue, I have offered to comp up on half on a round trip ticket which was swiftly declined. I then offered her half on a round trip to an airport half way between my locale and her locale (she flies, I drive), also declined. So then I write a letter to the judge stating she has broken an order and action needs to be set forth. She then writes back countering that I supposedly will kidnap our daughter which was reason for her not to bring her to me. A court date has since been set from January 27th to June 6th due to her pregnancy and "financial hardship". She has even went so far as changing addresses without my knowledge very recently.....is this grounds for contempt because if I read the Indiana laws correctly, I think it is unless I overlooked something. Thank you in advance.

Asked on 2/19/10, 5:03 pm

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

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This is a very difficult question to understand, but if the question is:"Does failure of a custodial parent to notify you and the court of a change in address constitute contempt?", the answer is yes.

If your daughter is important to you, you will contact an attorney in your community and obtain representation to pursue this matter. It can be difficult for nonlawyers to effectively communicate an issue and present facts to a judge, and it is not a judge's job to dig for facts.

Good luck.

Answered on 2/25/10, 6:33 am

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