Legal Question in Family Law in Indiana
Father has custody of two sons (9 and 12). When they go on weekends to their moms they stay at her boyfriends. Their mom lives with family and there is no room for the kids there. Boys share a twin bed at the boyfriends and are in the same bedroom with their mom and her boyfriend. Is that legal? Can father not let sons go overnight at their moms for this reason?
Asked on 4/07/10, 10:38 am
2 Answers from Attorneys
Jay Rigdon
Rockhill Pinnick LLP
In my opinion, this would not stop overnight visitation unless a psychologist said that this was harmful to the children. I might suggest a sleeping bag or an inflatable mattress however.
Answered on 4/12/10, 12:00 pm
Father cannot unilaterally stop the visits. However, as Jay stated, if you can prove some sort of harm to the kids, you can peitition the court for modification.
Answered on 4/12/10, 4:37 pm
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