Legal Question in Family Law in Indiana

divorce decree or state guildlines?

Which of the following should be followed; a divorce decree signed by a judge or a state guildline on divorce that was adopted by the state a couple of years after the divorce?


Asked on 1/26/03, 8:00 am

1 Answer from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: divorce decree or state guildlines?

Given the limited information contained in your question and it's nature, it would seem you are making reference to child visitation. If this is so, it would appear so far that the court decree which exists prior to the enactment of recent Indiana Parenting Guidelines would control.

However, it may be possible to ask the court for a modification to allow these guidelines to be followed if shown to be in the childs best interest. Again, this assumes the discussion is about visitation.

Keep in mind each case is different and the above may not necessarily be applicable to your matter. A full factual review of your matter along with pleadings would be required to make such a determination.

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Answered on 1/26/03, 9:15 am


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