Legal Question in Family Law in Indiana
My son is 5 years old. I have full custody of him. Recently, a judge ordered that his father start supervised visitation at my son's grandmother's home. He is to visit her home every Tuesday night and every other weekend and my ex is to visit him there, under her supervision.
Since this started, my son frequently comes home and tells me that his father never showed up to see him. Before this order was issued, my son's grandmother was trying to get grandparent's visitation but has since dropped the issue.
My question is this: Since the visitation is intended for my son to see his father, and his father is not visiting, do I have to continue to leave my son at his grandmother's all this time? I have no issues with her seeing him, but the frequency of it is quite inconvenient.
Should I be documenting when my son says his father did not show up? Would I be held in contempt for not allowing these lengthy visits with my son's grandmother even though his father is never there?
1 Answer from Attorneys
Document the attendance and then ask the court to modify the terms of the order to either require the father to notify you when he is not going to attend, or lower the amount to the time that truly reflects how often he actually has shown up.
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