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#194009 - 04/16/08 08:56 PM Re: I NEED HELP ON THIS ONE...I'm over it......... [Re: finallydone]
IndyTex Offline
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Registered: 01/04/04
Posts: 815
Loc: Dnet Since 1995!
so you are saying that your mediation agreement states "ncp will have visitation per indiana parenting time guidelines"? This is NOT a visitation schedule...the guidelines provide the guidelines for visitation but do not provide a schedule. Did you not discuss a "schedule" during mediation?

Get back to the mediator or get back to court pronto with a modification of visitation that provides a visitation schedule that will benefit all three parties!

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#194038 - 04/17/08 06:19 AM Re: I NEED HELP ON THIS ONE...I'm over it......... [Re: IndyTex]
BeaverFever Offline
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Registered: 11/29/04
Posts: 6787
Loc: Houston, TX
Given the lack of other specifics, you'll probably be bound by Section II.B.3:
http://www.in.gov/judiciary/rules/parenting/index.html

Extended Parenting Time (Child 5 and older)

One-half of the summer vacation. The time may be either consecutive or split into two (2) segments. The noncustodial parent shall give notice to the custodial parent of the selection by April 1 of each year. If such notice is not given, the custodial parent shall make the selection.

If a child attends year-round school, the periodic breaks should be divided equally between the parents.

If a child attends summer school, the parent exercising parenting time shall be responsible for the child’s transportation to and attendance at school.

During any extended summer period of more than two (2) consecutive weeks with the non-custodial parent, the custodial parent shall have the benefit of the regular parenting time schedule set forth above, unless impracticable because of distance created by out of town vacations.

Similarly, during the summer period when the children are with the custodial parent for more than two (2) consecutive weeks, the non-custodial parent’s regular parenting time continues, unless impracticable because of distance created by out of town vacations.

Notice of an employer’s restrictions on the vacation time of either parent shall be delivered to the other parent as soon as that information is available. In scheduling parenting time the employer imposed restrictions on either parent’s time shall be considered by the parents in arranging their time with their child.

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#194046 - 04/17/08 07:10 AM Re: I NEED HELP ON THIS ONE...I'm over it......... [Re: IndyTex]
Justice_4_K Offline
Member

Registered: 04/08/08
Posts: 13
Yes..that is what is says....Ok, will do with filing for modification....I thought that is what I would need to do....I think that having a specifically outlined visitation schedule would be the way to go seeing that my ex is not really much for compromise.

Thanks

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#194047 - 04/17/08 07:12 AM Re: I NEED HELP ON THIS ONE...I'm over it......... [Re: BeaverFever]
Justice_4_K Offline
Member

Registered: 04/08/08
Posts: 13
So, if I am bound by that, does that mean that the whole employer restrictions nonsense will work in his favor for having 25 drop offs???

Just wanting to know what I am in store for..

Thanks

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#194055 - 04/17/08 08:46 AM Re: I NEED HELP ON THIS ONE...I'm over it......... [Re: Justice_4_K]
BeaverFever Offline
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Registered: 11/29/04
Posts: 6787
Loc: Houston, TX
"does that mean that the whole employer restrictions nonsense will work in his favor"
No. Examine which parts are commands and which are not.
"The time may be either consecutive or split into two (2) segments."
It doesn't say 1 or 25 segments. It's clear, to prevent exactly what your ex is trying to do.

"In scheduling parenting time the employer imposed restrictions on either parent’s time shall be considered by the parents in arranging their time with their child."
It says you have to consider it, not that you have to let it dictate. It's simple: "Your honor, I considered it, but I think his day-to-day work schedule has to be overridden by the best interest of the child." Moreover, sauce for the goose is sauce for the gander. If he wants his work schedule to be catered to, then shouldn't your work schedule be catered to as well? It's called compromise. You try as best you can to schedule things so that he has as much of his off time as possible with the kid. Furthermore, it talks about "vacation time" not regular schedule, which is to say that if the employer only allows him to take vacation during July, then you need to work hard to make sure he can take his extended time in July.

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#222496 - 07/19/09 07:52 PM Re: I NEED HELP ON THIS ONE...I'm over it......... [Re: finallydone]
elvillalobos Offline
New User

Registered: 07/17/09
Posts: 4
Read your Indiana Parenting guidelines on this, I think it says it is more beneficial for children over 3 to stay consecutively over the summer break with every other weekend visits. This is how ours went this summer and the ncp wants to take them to an extracaricular on Mondays so he is picking them up and bringing them home, you may have to take him to court

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