Legal Question in Family Law in Indiana
I have sole custody of my 11 yr old daughter and her father has visitation every other weekend. Now he is asking me to switch our weekends because the mothers of his other children will not. He wants to get my daughter the same weekends he gets his other daughter. I told him we have had the weekends as they are for years and cannot switch because I work the weekends he gets her. If he does not call or come pick her up on his weekends, can he say that I won't let him see her if he tries to get her on my weekends?
2 Answers from Attorneys
His request is on its face not unreasonable, assuming you could get your weekends switched. You would need to explain to the judge why your employer will not let you switch your weekends. Don't worry about what you can "say" or not say yet; if his request can not be accomodated, tell him to file a request with the judge to straighten it out.
I agree with Jay. His request is on its face not unreasonable, assuming you could get your weekends switched. This is especially true, since your child will have time with her half siblings. If you can work it out, you should. If your employer will not make the change, then you have a legitimate reason to say no and a legitimate defense if he files in court.
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