Legal Question in Family Law in Indiana

Custody, Visitation out of State

My son petitioned the court for custody of his daughter. The court ruled in his favor. The mother resides in Maryland with her boyfriend. The court order specifies exact visitation times. She refuses to acknowledge these visitation times. She arrived in town this weekend and announces to my son she has come for her visitation with her daughter and to return to Maryland. Since this is not one of the visitation times, can my son refuse?? Her visitation is during Christmas break only, and she says she is taking her for three months instead of the two week Christmas break. Does he have grounds to refuse??


Asked on 12/27/01, 5:21 pm

1 Answer from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Custody, Visitation out of State

If the court order regarding visitaion is that specific, then he certainly would be able to stand by it and refuse any unreasonable request to modify it. I would also urge him to contact his own attorney as well to be sure this is documented and to follow up with the mother regarding the content of the order. If she shows up at his home and is insistant, it may be necessary to contact the police. Be certain he has the order available for the police to review as well should this happen.

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Answered on 12/27/01, 5:40 pm


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