Legal Question in Family Law in Indiana

Am I going to Jail?

My ex-husband is in jail for not paying support. He is now on work release and paying every week for the 2 children we had. My current husband will not allow visitation with him in jail or with my ex's parents. Ex has told me he will take me to court for contempt. Do I have to let the kids go on their regular visitation or can I just get by with allowing them a sunday jail visit. I do not want to go to jail!!!!


Asked on 8/30/02, 8:42 pm

1 Answer from Attorneys

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

Re: Am I going to Jail?

Parent/child visitation is considered a very important aspect of a childs life by the court. Generally it will not put up with denying the noncustodial parent and child that right. One would have to show a very compelling reason for it. Nonpayment of child support is not enough and it is not likely that the father being on work release is enough.

Obviously, the children may not be able to spend the entire weekend with him, but vistaion should continue. If your ex files a motion to show cause filed with the court, the court will no doubt stress how important visitation is. However, it is not likely you would be jailed unless this was the third or fourth time your ex was forced to bring you into court. Yet, if found in contempt you could very well be facing payment of your ex's costs and attorneys fees for having to bring the action.

While the situation of blended families can be a challenge, your current husband really has no standing in this issue. He may wish to temper his position and make things easier on you and the children, which are entitled to visit their Dad.

As each case is different and not all the facts of yours have been revealed, a full review of your case is not possible. Keeping this in mind the above should be considered an overview and not relied on as being applicable specifically to your situation.

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Answered on 8/31/02, 3:15 pm


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