Legal Question in Family Law in Indiana

Visitation when NCP isn't there...

Child born out of wedlock. Child is 5. Dad is on 2nd marriage (10 months old) and they have a baby (5 months old). Dad has moved 5 ot 6 times in the 10 months. Recently moving only minutes from us.

Dad has non-traditional job that has him gone for days, possibly weeks at a time. Problem is that Dad wants whomever keep child for him when he can't be home.

Question is, do I have to let child go stay with anyone else during visits when Dad isn't there? I know the new Statewide Guidelines has provisions in there concerning these type of things (about significant others have a meaningful relationship with child as long as it doesn't interfere with or replace the parent's...well, that is what is occuring). Received letter from Dad and his wife demanding visitation for the year which are not in accordance to the current order. However, I would entertain any reasonable ideas but these were not reasonable. They are demanding 5 weeks in summer, 10 days of winter break (whick is 14 days long. According to his past he can't be in for longer than a 3 day weekend if that.

Do I have any legal rights?


Asked on 2/18/02, 9:19 pm

1 Answer from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Visitation when NCP isn't there...

You should no doubt raise your concerns to the child's father regarding this and also advise that you will follow state parenting guidelines.

Should he attempt to keep the child longer then that in the guidelines, then you will need to bring this issue to the attention of the court. He should also be made aware of this.

If you also feel that discussing this with him at this point is a waste of time, then it is no doubt time to engage the services of an attorney to contact him explaining the situation. He may pay a bit more attention.

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Answered on 2/19/02, 11:11 am


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