Legal Question in Family Law in Indiana
My ex is requesting overnight visitations. My son is 3 and he has not seen him for a year straight. He has only come down here to see him twice his entire life (we live 4 hours apart). He went from December 2008-september 2009 without seeing him. Then September 2009-April 2010 (I went up there to see family) and then now April 2010-now he hasnt seen him. My son has no idea who he is and would be traumatized if he were forced to go overnight or even alone with him. Will he get visitation/overnights right away?
2 Answers from Attorneys
Not if the judge determines that he would be harmed by overnight visitation, but that would need the input of a child psychologist, not just your opinion.
You have some very legitimate concerns. Fortunately, the Indiana Supreme Court anticipated such a situation. The Indiana Parenting Time Guidelines provides for parenting time to be phased in under circumstances like yours. I suggest that you download a copy and also provide a copy to the father, highlighting that provision. Perhaps you can
reach an agreement as ultimately he will have overnights absent a court's decision to the contrary.
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