Legal Question in Family Law in Indiana

Is the divorce decree ''on hold''?

In my divorce decree it states my ex and I are to follow the Parent of First Choice rule we have joint 50/50 custody. We have always traded our son on Wednesdays. Well my ex would not follow the rule and upon other things going on I filed for a modification of custody. We still have not had a hearing for that. I also filed for a protection order which was denied. But the judge did order that we exchange our son each Wednesday at 6:00 pm in the county jail parking lot to avoid any further arguments. All contact is to be in writing except if it's an emergency. Now my ex is wanting our son while I am working everday. Do I still have to follow the rules in our divorcee decree? Or is it ''on hold'' so to speak? Do I have to let him have our son?


Asked on 2/25/08, 10:06 am

1 Answer from Attorneys

Re: Is the divorce decree ''on hold''?

Unless the decree has been modified, he is entitled to the extra time unless there is a household member in your house who is available to watch him.

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Answered on 2/25/08, 11:21 am


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