Legal Question in Family Law in Indiana
summer visitation
My ex-wife and I follow the the Standard Visitation Order established in Allen Superior Court. I am the noncustodial parent and submitted my request for the 2 periods of 2 consecutive weeks for Summer Vacation on February 1, 2002. My ex-wife emailed me in return on February 1, 2002 stating the first of the two periods was unacceptable but the other period was no problem. My ex-wife emailed me on February 27, 2002 stating she will have the children on the first of the 2 periods I had requested. She stated ''Because I have not heard back from you on your second choice of periods and the request was made after January 31, 2002, I am giving you written notice of our summer schedule this date. We each have the children for one 2 week period this summer.'' Can she deny my right to having a second summer visitation? Can she deny my first of the 2 periods I had notified her of? There is no clarification of consequences for not meeting the January 31st date nor granting her permission to change the court order.
1 Answer from Attorneys
Re: summer visitation
Well, here's one way to reward her for being a pain in the patootie:
File a motion to implement the Indiana Parenting Time Guidlines in your case (they're the new visitation schedule that went into statewide effect last March) and request a hearing. I have never seen a judge say no to that request.
Those allow for you to have the children with you for half the summer!
You can let her know that this will be her reward for trying to make things difficult.
If you want to see what the PTG provide for, check them out online. Do a search for Indiana Parenting Time Guidelines.
Good luck to you.
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