Legal Question in Family Law in Indiana
Equal Time
1st Child born 1996 2nd in 1998 decided mother would stay home with children while father worked--traveling as an electrician. Divorce final 2000. Temporary Judge at time ruled that father would have extended visitation but not equal time--children were 2 and 3--father had always traveled etc. Attorney did not express fathers wishes well at time. Since, father has moved within 2-miles of mother in order to maximize involvement--children are 6 and 7--father has always provided clothing for children as to not have to pack a bag--more of a non-visit and more like going home--father takes advantage of all extra time available--goes to every doc. apt., etc. Father desires nothing more than spending more time with children. What would a judge say?
1 Answer from Attorneys
Re: Equal Time
So long as the children are thriving under the present conditions, the judge is not going to restrict father's time and is quite likely to find that more time should be allotted to father; however, if father is still traveling for employment during the week, the court will not give him every weekend to make up for the fact that he cannot visit with the children during the week. Like most parents, you are seeking to divide the time of the children 50/50 between the parents and this is a very delicate matter and extremely difficult to divide up because of the amount of time children spend away from home due to school, day care, etc.
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