Legal Question in Family Law in Indiana

I am going through an UGLY break-up (is there another kind?) where we have a son together. We have a court order saying that all parenting time guidelines apply.

I've spoken to an attorney, and I want to get a second opinion before filing a contempt of court order.

The parenting time guidelines has me getting 1 night a week and every other weekend along with some holidays on even years and other holidays on odd years. I'm under the impression that I have a specific number of weekends with him ON TOP OF the holidy weekends. So, if a holiday that is supposed to be mine (for instance, Labor Day this weekend) falls on my weekend, then I'm not spending my weekend AND my holiday weekend at the same time. What it does is pauses the parenting schedule, then resumes it the following weekend. So, I get him on Labor Day weekend...along with the following weekend. Then, the next weekend would be hers.

Is that correct, or am I using my regularly scheduled weekend AND my holiday weekend at the same time this Labor Day?


Asked on 8/23/10, 3:37 pm

1 Answer from Attorneys

Unfortunately this provision of the Parenting Time Guidelines is rather vague. However,an argument can be made that if the Guidelines were intended to provide you with a specific number of weekends and holidays, the guidelines would have been written that way, for example

"non custodial parent to receive 26 weekends a year plus holiday weekends, 1/2 of summer . . .". I doubt that a contempt will be issued.

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Answered on 9/02/10, 5:17 am


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