Legal Question in Family Law in Indiana

Non custodial visitation to another state

My son's ex wife lives in Maryland. They have joint custody, however, his home is the primary home of residence. They went to court and agreed on this. Her first visitation is coming up. She will leave Indiana and take the child to Maryland. She was suppose to get her in the beginning of summer vacation but did not. Now in July she wants her visitation. She was suppose to start preschool in August, but cannot since her mother is not bringing her back until September. If she trys not to return the Child can anything be done? The agreement was agreed in courts and was filed.


Asked on 7/01/01, 4:21 pm

1 Answer from Attorneys

Dorene Philpot Philpot Law Office

Re: Non custodial visitation to another state

If mother stalled too long to get her for her visitation time, mom's time gets cut short, not child's preschool time.

Yes, there are mechanisms to make her comply with the court orders. One of them is contempt of court, in which she could be fined, jailed or ordered to do community service.

The Indiana Parenting Time Guidelines, which went into effect this past March detail what is supposed to happen and how.

I'd be happy to mail you a copy of those.

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Answered on 7/02/01, 6:21 pm


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