Legal Question in Family Law in Indiana

Denial of Visitation

My ex has never visited regularly with my 12 year old child-generally once a month she will call and request a visit that night. She averages 12 visits a year. This year, however, she has had 5 visits so far and it is Nov. 1. She was arrested for battery against her sister 2 months ago and while in jail, CPS took her other 2 kids away and they are in foster care. Last Friday night, she called at 5:00 pm demanding to get our son for the weekend. I had not heard from her in over a month, when she had him last. When I said no, it is not a good weekend, we already have plans and it is too short notice-she got irate and called her CPS caseworker. This man called me on my cell phone sat. am stating that I HAVE to send my son, whether it's short notice or not. Please advise if this is the case. A lawyer told me 7 years ago that if I did not hear from her by Wed. (48 hrs) each week, I could proceed with making plans for the weekend. Just making sure I am not breaking any laws. Also, am not sure why she is deemed unfit for her other kids-(14 & 3) but not when it comes to mine. Thanks for your help.


Asked on 11/05/07, 11:26 am

1 Answer from Attorneys

Re: Denial of Visitation

Child and Family Services has no authority in this matter. However, your lawyer's advice all though common sense, is not law. However, common courtesy is important. I suggest that you outline your submission in a letter to the ex, laying out how she is inconsistent and that although you recognize that she has parenting rights, common courtesy requires that she give you reasonable notice and if she fails to do so, and you already have planes, that she will not have parenting time that week, however, with proper notice, she can have it another week.

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Answered on 11/05/07, 11:56 am


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