Legal Question in Family Law in Indiana

My daughter's father was supposed to pick her up at 6:00 om on July 3rd for the holiday. Normally she would return to me at 10:00 am on the 5th but due to the weekend being his, she was going to be with him until the 7th at 6:00 pm.

He didn't show up tonight at 6:00 pm so I checked in with a police officer and we came home.

Now he is complaining and asking why I didn't contact him. He is demanding a chance to come and get her tomorrow, July 4th, at lunch time.

My question is: if a parent misses the court ordered pick up/drop off time, can I, being the custodial parent, deny the holiday or would this action hold me in contempt?

Asked on 7/03/13, 6:20 pm

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

No, you can not always just deny the parenting time. No, the action will not always end up with you being in contempt. Depends on a lot of other factors: Why was he late, when did he show up, how difficult is it for you to allow the parenting time starting late, how often has he been late before, have you ever been late before...The bottom line is what is best for the child, not what the rules state you have to do, can do, etc..

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Answered on 7/05/13, 7:13 am

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