QUESTION

Can a mother withhold visitation?

Asked on Aug 21st, 2022 on Child Custody - Indiana
More details to this question:
The judge rules states that the mother shall control any parenting time that is scheduled dates, times, and location. Can she stop visitation all together or does she still have to follow the Indiana parenting time guildlines?
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1 ANSWER

Collaborative Family Law Attorney serving Brownsburg, IN
2 Awards
The exact wording of your Order is important here.  If the Order says the Indiana Parenting Time Gudelines apply to your case, then you should look to see what parts of the Order may appear to contradict this statement.  More specific terms of an Order control over more generalized terms, so if the Judge says the Guidelines apply but then makes a list of more specific orders for your individual case, then you must go by those specifics and then use the Guidelines for everything else.   It is unusual for a Judge to order that the custodial parent controls time/place/manner of parenting time.  That usually means you have an infant (parenting time sessions are so short that they usually take place at the custodial parent's home or another prearranged location) or there has been something else that has happened, such as incidents of domestic violence, history of drug/alcohol abuse, or child neglect.  Section I of the Guidelines indicates that the Guidelines do not apply in those cases.  The focus of any parenting plan is to keep the child safe and encourage a healthy relationship with both parents.  If the Judge finds that safeguards need to be put in place, they will put those safeguards in their Order. If arranging parenting time is difficult becuase Mom is putting up road blocks, you may want to request different arrangements, such as a list of options the custodial parent can pick from instead of just an open-ended authority.  Perhaps another relative can help with arrangements, or if all else fails, you can seek the assistance of a professional "visitation center" until whatever concerns the Court can be alleviated.  Everyone should be working toward the Guidlines applying, at a minimum, to the parenting plan in most situations.  If someone is not, the remedy is to request input and modification from the Court.
Answered on Aug 22nd, 2022 at 7:55 AM

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