Interpreting Indiana Child Visitation Guidelines

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Old May 6th, 2010, 09:48 PM   #1
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Confused Interpreting Indiana Child Visitation Guidelines

After almost a year of fighting with my ex-wife to get our daughter at least as much as Indiana Guidelines say I should have her we are at a stale mate. Her lawyer keeps pushing the hearing back. My ex-wife only wants to follow the guidelines when they are to her benefit. Where my question comes in is I am not sure how to interpret the guidelines when it comes to holiday time.
Mother’s Day weekend is actually my scheduled weekend. I am not saying that I should have her. I do believe that she should be with her mother on this weekend. Even though in the past (before I took her to court) she stated that a good Mother’s Day was a day without her kids. She stated that I would not see our daughter for the next two weekends because the next weekend is her scheduled weekend. I interpreted the guidelines to say that if the non custodial parent misses a weekend they will get the child the following weekend.

She is saying that since it says “regularly scheduled” weekend that means it will be on my next weekend.

Who is right?

Please help!!!

1 Conflicts Between Regular and Holiday Weekends.
The Holiday Parenting Time Schedule shall take precedence over regularly scheduled and extended parenting time. Extended parenting time takes precedence over regular parenting time unless otherwise indicated in these Guidelines.
If the non-custodial parent misses a regular weekend because it is the custodial parent's holiday, the regular alternating parenting time schedule will resume following the holiday. If the non-custodial parent receives two consecutive weekends because of a holiday, the regular alternating parenting time schedule will resume the following weekend with the custodial parent.
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Old May 6th, 2010, 10:46 PM   #2
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Default Re: Interpreting Indiana Child Visitation Guidelines

Anytime you are unclear on the wording, you should go back to court and have the judge simplify the order in as simplistic terms possible. This way, misinterpretation such as the yours will be avoidable.

Your best solution is to have her during the Mother's day weekend. It's not really a "holiday" anyway. This way, you won't run the risk of forfeiting the following two weeks not seeing your child.

I can see why you're confused. Your court ordered visitation guidelines are too conflicting and open to much misinterpretation and confusion. The court must simplify it.
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Old Aug 14th, 2010, 09:44 PM   #3
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Default Re: Interpreting Indiana Child Visitation Guidelines

You are right. The IPTG is actually quite clear on this. Mother's Day is always her holiday (see holiday schedule). Anytime a holiday causes a parent to lose their weekend, they get the following weekend.
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Old Aug 14th, 2010, 09:46 PM   #4
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Default Re: Interpreting Indiana Child Visitation Guidelines

Quote:
Originally Posted by Unregistered View Post
Anytime you are unclear on the wording, you should go back to court and have the judge simplify the order in as simplistic terms possible. This way, misinterpretation such as the yours will be avoidable.

Your best solution is to have her during the Mother's day weekend. It's not really a "holiday" anyway. This way, you won't run the risk of forfeiting the following two weeks not seeing your child.
.

maybe you should read the guidelines before you offer advice. Under "scheduled holidays" it states: Mother's Day. With the child's mother from Friday at 6:00 pm until Sunday at 6:00 pm
If he fails to allow this, he's going to be the one in violation of the court order.
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