Legal Question in Family Law in Indiana
i went to court with my son's father and in our divorce agreement he is supposed to get him everyother weekend.. but he didnt go last weekend am i incontempt of court since he didnt go..Even though he is not paying child support or not helping with any medical stuff that happens with my son>>
2 Answers from Attorneys
Yes, you are in contempt of court if you prevented the father's parenting time. Yes, he may also be in contempt of court, but two wrongs don't make a right.
Yes. A court may find you in contempt. Please read the Indiana Parenting Time Guidelines. You are required to provide the parenting time even if the child does not want to go. The father's failure to abide by the court order is unrelated to your failure to allow your son the benefit of a relationship with his father. You have no right to to do that. You do have the right to seek a contempt against the father for not doing what is required of him in the agreement. I suggest very strongly that you offer the father makeup time for the missed weekend. Doing so, may possibly prevent a contempt from being entered against you for last weekend.