Legal Question in Family Law in Indiana
my daughters father and i have joint custody of our daughter. We are on week to week vistation. When it comes to Holidays i am the custodial parent. And that we are to go by the Indiana vistation guidelines when it come to holidays. He seems to think that if the holiday fall on this parenting time, that i have no right to see her for that holiday. I read the Indiana Guidelines and it is all based on everyother week vistation, not the week to week and who had odd or even years, and the odd or even years where never set up on who has what. so what im wanting to know is can do this and if i get to have her at on the the holidays that fall in his parenting time.
2 Answers from Attorneys
Read the parenting time guidelines in more detail. The answer is there.
Genreally speaking, holiday visitation overrides other parenting time provisions. If the decree says you are the custodial parent for visitation purposes, then the guidelines will spell out who gets your daughter in what year, regardless of the alternating week provisions.
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