Legal Question in Family Law in Indiana
My ex husband is taking me back to court for visitation. I have never denied access to the kids before, but he only sees them every 2-3 months. What are my rights as a mother? Will he automatically get the visitation from our divorce even though it was in 2001 and he has only seen them on and off since then?
1 Answer from Attorneys
You mean "do your kids have rights"? They have the right to a re;ationship with both parents. If you look at the guidelines, there is a provision for a phase in under circumstances where visitation has not been regular. (There is no out clause based on whose fault it is that visitation has not been regular). I suggest that you read the Indiana Parenting Time Guidelines a few times in order to better understand their purpose and what the Supreme Court feels is the appropriate approach. If there are emotional issues, it is your responsibilty to foster a relationship between the kids and the non-custodial and therefore you may need to involve a counselor.
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