Legal Question in Family Law in Indiana
Overnight visitation.
My son is 10 months old. His father and I live 6 hours apart. I have full custody and the only
visitation that is ''set'' is that if I'm where he lives I'm supposed to tell him.
Now he recently texted me and said he WILL be getting my son on overnights when he turns 1.
He has not come to see my son in 7 months. He hasn't bought him anything or had any parenting time with him.
How likely is it that a judge will say he can take my son for overnights when he is only 1?
I've read a bunch of stuff that says overnight visits shouldn't start until 3 or 4. Especially if the child doesn't have regular ''contact'' with the non-custodial parent.
2 Answers from Attorneys
Re: Overnight visitation.
There is not nearly enough information here to give you a good answer.
Is your parenting time set by court order? If so, that would control things. If it doesn't provide for this change, he will have to seek to have it modified.That means court,and that means a determination of best interests.
In my experience, judges do not usually give overnight parenting time to noncustodial parents who have been absent. They CAN...but I have not seen it very often.
He is, of course, entitled to some parenting time, but at this age and after the absence you describe,immediate overnights seem a remote possibility.
But if he shows up with an attorney and you tell the judge "I read LawGuru, so I don't need a lawyer"--things will happen that you won't like. Consult a family law attorney.
Re: Overnight visitation.
Does the term "set" mean by court order? Has paternity been legally established by a properly and timely signed paternity affidavit or a court order? Were the Indiana Parenting Time Guidelines some of the "bunch of stuff" you read? If not, you should read them thoroughly, including the commentary. You can find that information at the Indiana Judiciary Website.
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