DivorceNet®

I am sorry for all of the different questions I keep asking but I am about to explode.

Topic SUMMER VISITATION

My X gave me this ridiculous schedule for his visitation this summer that has over 25 drop offs....He is a correctional officer.

Here's an example
My daughter is with me Monday Tuesday, drive 35 minutes to drop off Tuesday Night, she is with her dad for Wednesday and Thursday, then we all drive 35 minutes to exchange AGAIN on Thursday night, then she is with me Friday, Saturday, Sunday, then dropping off again Sunday night, picking up Tuesday night, dropping off Thursday night.....you get the picture. It adds up to the 6 weeks...but my god it is insane, and not in my daughter's best interest, she is 5.

It is so ridiculous. I told him I wouldn't accept that. He needs to be a man and find childcare or family to watch her for those 2 days in between so she can have a stable, relaxing summer instead of being in the car all the time...just so he doesn't have to find care for her...and heaven forbid spend money. He lives in Kokomo and I Indianapolis.

So, now he says I'll have to fight him in court over it. He's bullying, and being awful. Maybe it is just me...but being a school teacher who has the whole summer off.....I know how many people out the DO NOT have 6 weeks of vacation time at their disposal...so there has to be arrangements made, right???? Accommodating his weird work schedule and having my daughter tired and crabby and never staying in one place for more than 3 days seems ludicrous.

PLEASE HELP..anything, case law, commentary, ANY RESOURCE! Opinions please.

Oh-- I made a new schedule for him, which is one week with me, one with him....rejected that one....

If he does the driving, I don't see anything bad about it. The kid is only 5 and sees both as often. It's summer and take time to enjoy the kid instead of going to court. Your mistake was not to spell out clearly in the original order.

The whole thing is retarded, he isn't doing all the driving, it is both us traveling 35- 40 minutes to a drop off location.....every 2 days or so....AND we had a similar schedule last year when we were trying it..and my daughter would get mad when I would tell her we are going to your dads........because she was sick of traveling and being in all these different places....I am sure she did the same thing with him when he had to meet me again.......

It became a negative.

Best guess is that there's case law on this. Try calling an attorney, describing the situation, and asking if it's actionable.

I know there is case law on in VA. I read an opinion involving a child and summer visitation that would involve a lot of shuffling around. The Judge ruled in favor of the lesser amount of travel for the child.

I'd definitely contact an attorney if you can.

Is there a reason why you can't do a week on/week off? I mean--everyone has to work--is there no daycare or babysitter for dd in Kokomo? I agree this is a rough schedule for EVERYONE. Is this court ordered or just what HE wants? What specifically does your order call for?

If it is non-specific and you cannot reach an agreement--see if your ex will see a mediator with you to work out the details. If he rejects that--its back to court.

Really........that would be amazing to find....any suggestions..

To find it myself....I am pro se now due to a 14,000 lawyer bill

It has been an awful ride...

Start by reading your order carefully. What, exactly, does it have regarding his time during the summer? Feel free to type all of it in (making sure to replace proper names with placeholders - we don't need to know who you are or who he is) so we can creatively interpret it.

My decree says that it approves our mediation agreement..which is literally NCP will have visitation per Indiana Parenting Time Guidelines.

He is now 3 CS payments behind.....I am getting so upset. SHould I file for modification of visitation...ALONG with ANOTHER contempt for non payment of child support???

I want to be the pro active one here....I am sick of sitting around waiting to receive court papers in the mail.

For starters you need to remember that CS and Visitation are two separate issues legally. Don't just decide not to send child because of no CS. Does this state factor in parenting time to the cs calculations? If so, and ex isn't taking as much visitation then I would certainly look for a cs mod.

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!

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.

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

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

"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.

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