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?
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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