QUESTION

I'm the custodial parent. Can he insist that our child go to school from his home and refuse to take her to school if I register her in my district?

Asked on Sep 16th, 2022 on Family Law - Indiana
More details to this question:
My x and I share joint time with our daughter. We were never married but he did sign the paternity affidavit at the time of her birth and he is on the birth certificate. We did not sign the join custody section on the back of the affidavit. He is now demanding that she go to school from his home and I have let him know that she will go to school from my home. He is telling me that I am not the custodial parent and that if I insist that she go to school from my home he will not lose any of his time with her but that he will also not provide transportation for her to and from school on the days that she is with him. He has threatened to take me to court over this. What are my rights, what are his rights and how can I resolve this without going to court?
Report Abuse

1 ANSWER

Collaborative Family Law Attorney serving Brownsburg, IN
2 Awards
There is a lot here.  Since you are never-married parents, you should look to the paternity statutes to see the presumptive rights and obligations both of you have.  It would also be helpful for both of you to review the Indiana Parenting Time Guidelines.  Hopefully a review of those will center both of you to the best interests of your child rather than arguing between the two of you.   If there is no Court Order, then the only way to obtain enforcable "rules" about your parnting plan is to file a case and request a Judge enter an Order for custody, parenting time, and child support.  The Court will enter an order for these things if you two do not agree, and the Judge's standard is "the child's best interests".  Matters of school and getting to and from there on time with their work done and ready to learn will be a top prioirity.  The IPTGs have a section on transportation. Dad may not be able to hear it from you because he's too angry,  but the reality is that things DO change - kids go to school, get friends, participate in sports - all of those things taking time away from Mom and Dad.  That's life.  Your pareting plan must change with the needs of your child  -  period.  You both will be better off working togehter to figure out how both of you can get as much of the remaining precious time with your child as you can rather than fighting.  If you don't trust each other, file an Agreement with the Court for parenting time to ensure there are enforceable "rules" for the both of you, and understand that this agreement or Order can and should change when your child's needs change.  Good luck.
Answered on Sep 19th, 2022 at 10:11 AM

Contact us at 317-834-9800 to schedule a consultation! Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters