QUESTION
Do I have to drop my daughter off with her step-mother if her father is not present?
Asked on Aug 22nd, 2013 on Child Custody - Indiana
More details to this question:
The parenting plan that we have agreed upon is based on both of us (her father and I) working first shift jobs. He has recently quit his job to go back to bar tending. My daughter is uncomfortable and gets really upset when she has to be there with her step-mother alone. Since the parenting plan states I drop her off to her father, do I have to take her on the nights he works?
3 ANSWERS
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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If the parenting plan is part of a court order, get the order modified to reflect a new visitation schedule. If it is not, then you can advise the father that the child does not like the arrangement, and visitation is for the parent and child, not a surrogate. You may wish to consult a family law attorney to assist you.
Answered on Aug 26th, 2013 at 11:31 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should file a motion to amend the parenting time in light of the new circumstances, but do realize, what he does with his parenting time is generally up to him and the sense of other parties who maybe there, or in his absence, it's taken care of the minor child.
Answered on Aug 23rd, 2013 at 9:40 AM
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Absent a court order tithe contrary, yes. Case law indicates that if there is another member of the on- custodial parent's household and the non-custodial parent is not available, parenting time is not altered absent a court order.
Answered on Aug 23rd, 2013 at 9:33 AM