Legal Question in Family Law in Indiana

My fiancee's ex husband and her agreed that she could take her children to south carolina for thanksgiving two months ago, as we do this every year. He has now changed his mind and is saying that she can not take them because one of the days we will be gone will be a visitation day for him. She offered to let him have them another day to make up for this. Can he keep us from going, and what would happen if we just go ahead and go and he calls the police. They had already agreed this was ok so can he change his mind later, she is the custodial parent, and they have joint custody.

Asked on 11/21/09, 10:25 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Assuming that the decree incorporates the Indiana Parenting TIme Guidelines, the following would apply:


1. Conflicts Between Regular and Holiday Weekends.

The Holiday Parenting Time Schedule shall take precedence over regularly scheduled and extended parenting time. Extended parenting time takes precedence over regular parenting time unless otherwise indicated in these Guidelines.

If the non-custodial parent misses a regular weekend because it is the custodial parentís holiday, the regular alternating parenting time schedule will resume following the holiday. If the non-custodial parent receives two consecutive weekends because of a holiday, the regular alternating parenting time schedule will resume the following weekend with the custodial parent.

There is also a provision for makeup time that your fiance has already tried to abide by.

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Answered on 11/27/09, 7:32 am

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