Legal Question in Family Law in Indiana

I live in Indiana and I have sole physical custody and joint legal. My Ex lives 120 miles away from me and the parenting time guildelines are different if "distance is a factor." Would 120 miles be considered a factor at 120 miles? would it be considered a factor if my ex drove half-way?

My daughter is just now starting kindergarten this week and my ex is saying that she is allowed every other weekend with her, which is true if distance is NOT a factor. Otherwise she gets her for just Holidays, Mother's Day, Spring Break and half of the summer.

She still lives with her father and is able to afford an attorney, my only option right now is this site and my local legal services which never returns my phone calls.


Asked on 8/12/09, 2:44 pm

1 Answer from Attorneys

Common sense dictates. 120 miles can mean different things. How long is the drive? if a couple of hours and I was representing your ex, I would argue that that is less than the time to go to a movie As long as he has her back in time for her to rest and be prepared for school, this should not be an issue. If kindergartners have homework in your area, you need to make sure that he goes over that with her on his weekends. You might agree that as long as she does not have problems academically or with behavior at school, that the current arrangement can continue. I cannot comment on who is responsible for driving. That should be in your order already.

Also, this is Indiana, so winter driving and distances may be something to consider.

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Answered on 8/12/09, 3:34 pm


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