Legal Question in Family Law in Indiana

I have a daughter that I have joint custody of but I am listed as the parent that she permenantly lives with. She has visitations with her father ordered every other weekend, and split times over school breaks. Which he takes her approximately 1/3 of the time he is allowed. The problem that I have is she will be turning 13 soon and is constantly asking me how much longer she has to go to her dads for visitations. She states that he is never there with her when she go on her visitation, and she has to sit with her step-mother that treats her unfairly. I have heard many different answers to my question. At 13, in Indiana, can she choose if she wants to continue visitations? Or do I have to go through the whole court battle again? I am asking on here because i am still paying off my lawyer, since our last custody issue cost me over $10,000. Will i be held in contempt if I don't take her to her fathers for his visitation after she turns 13?


Asked on 1/15/10, 12:58 pm

1 Answer from Attorneys

A child does not ever ever ever get to decide whether he or she can discontinue visitation. Only a court can decide. I suggest that you review the Indiana Parenting Time Guidelines as there is reference in there to situations where a child does not want visitation. Notwithstanding that, if he is only taking her for 1/3rd of the time, why take a chance that he may insist on all of his time? Yes you will find yourself the subject of a contempt citation if the father wishes to pursue the same.

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Answered on 1/20/10, 7:06 pm


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