Legal Question in Family Law in Indiana

My sister-in-law in Indiana finally divorced her criminal husband, this Friday. He is currently in jail, again, for a DUI. He has another court date on Monday for violating parole. This is the latest of several incarcerations, all revolving around illegal substances and alcohol. He asked the court to have visitation with his kids, at the prison, which is over 2 hours away, once a month. The judge agreed and told my SIL that she will be in contempt of court if she misses a month. This is a huge hardship on her and the children, but she had free legal help through an organization and the lawyer told her to suck it up. There was no evaluation of the children, no consideration for the effect that visiting their father in jail would have on them. My SIL has a job, full-time, but she does not make much and she is obviously responsible for the kids on her own. Their father is useless when it comes to making money, but he put them in debt that she has to get out of. Does she have any recourse at all, even just to reduce the required visitation to 3 or 4 times a year? She is considering moving back to Pennsylvania to be with her family. They had moved to Indiana for a job for him and because his mother and step-father live there. All of her family lives here in Philadelphia, and she and the kids would like to move back here. Does she have any options?

Asked on 5/01/10, 11:54 am

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If there has been a detrimental effect for mthe visits that can be proved, the court might modify.

If she is thinking of leaving Indiana, there is an Indiana Relocation Statute that she needs to follow.

Answered on 5/06/10, 12:33 pm

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