Legal Question in Family Law in Indiana
Visitation
Why shouldn't a 14 yr old have some flexibilty in visitation. The child ran away from his father's because his father wants to argue and fight with him. Now the father is threatening him with Juvenile Hall. This father has been emotional abusive, and somewhat physically abusive. The judge in my case doesn't seem to care. Since my son ran away and I didn't allow my child to return with his father that day because of concern for his safety, my ex-husbands attorney is asking for jail time. This child has never missed a visitation other than one time due to surgery. Please I need answers.
2 Answers from Attorneys
Re: Visitation
To answer your question, the fourteen year old has no say in his visitation because he is fourteen. If there were problems with visitation, it was your responsibility to get a petition to modify visitation before the court. Indiana's Parenting Time Guidelines are here: http://www.in.gov/judiciary/rules/parenting/index.html
Some judges will not be amused by a party responding to a contempt action with a petition to modify but you need to see an attorney and get some things changed.
Re: Visitation
If you have a concern for your son's safety, you need to voice it in court, and do so with an attorney. The next time that there is "physical abuse" I suggest that you report the father to CPS. Depending on how large your county is, you may be before a different judge. If CPS says no visitation, you can then notify the judge in your case of the CPS decision. IF he is the same judge, he will probably follow the recomendation of CPS.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
