A Recent Split Up Has Left Me Not Knowing What to Do
My question involves a child custody case from the State of: Indiana
I'm the father of two boys, aged 4 and 5. Me and their mother (unmarried) have had constant relationship problems for years. After a temporary split up a year ago, we had gotten a court order that basically says the following:
-I owe $0.00 in child support and $0.00 in back support (because we were living together again by the time we went to the court hearing)
-"Should the parties separate, the Court finds that the father should have visitation in accordance with the Indiana Parenting Time Guidelines, at a minimum, or as otherwise agreed to by the parties"
The mother moved out again a few months ago, however we were not having a major dispute at the time. In fact, we have spent a good portion of the last several months staying together. She was not asking for support, and I was seeing the kids every day. She recently got upset with me and decided to file for a court hearing to get support ordered. This has been over a week ago. I have asked her on a daily basis to let me take my children, and she has refused to let me visit them anywhere other than at her house in her presence. When I attempt to visit them with her present, she starts yelling at me and fighting with me in front of the kids (I think this is her underhanded excuse to tell the court that she is offering me visits and I am turning them down.) She is now telling me she doesn't have to follow the four hour weekly visitation because I haven't given her child support since she moved out over the last few months. I have no problem paying her child support, and have even been offering her support, but she's not making arrangements to take the money and let me see the kids. I have text messages to back this up. Here are my main questions:
-Do I actually owe her anything as of right now? We haven't been back to court yet to get any support ordered. I'm fine with giving her money, but I don't know what to pay her. Should I just write her a check and drop it in the mail so I can show the court that I've been giving her money? Would this be beneficial or pointless?
-Does she have the right to violate the parenting time guidelines on this basis?
-Do I have the right to take my kids away from her during my visitations?
-The guidelines say that I am entitled to two 24-hour periods every other week, one four-hour period every week, and holidays. Are these four-hour evenings and holidays every week, including the weeks that I have them for two days? It also mentions something called "extended time" which lets me take them for half of the summer and half of the breaks from school. Does this apply to me or is this extended time something I have to get court ordered?
-If she is violating the order, what should I do? Should I contact the court or the police?
-Should I hire a lawyer? What kind of outcome should I expect if I don't hire one and go to court?
-What can I do to increase my visitations?
Thanks.
Re: A Recent Split Up Has Left Me Not Knowing What to Do
What does the order say, word for word?
The police won't do anything, and it's not clear whether or not she is actually violating the order. She may be able to tell the court that so far you've been fine with her terms, and you're only asking for more time because you're angry at her.
(It should be obvious that I'm not saying that is the case - but she wouldn't be the first CP to do that and get away with it)
Yes, I'd hire an attorney if I were you.
Re: A Recent Split Up Has Left Me Not Knowing What to Do
Here are the relevant bits of the order:
2. Mother and / or father shall obtain and keep in full force and effect private health care insurance for the benefit of the child if it becomes available at a reasonable cost and is accessible to the child. The parties are to be equally responsible for each of the children's uninsured medical, dental, optical, pharmaceutical, and orthodontia expenses. Each parent shall regularly keep the other parent advised of these expenses incurred, and shall provide all necessary documents relating to these expenses (bills, payments, amounts due, etc.) Each parent shall promptly pay his or her portions of these expenses.
NOTE The kids are currently on medicaid. She works part time and is ineligible for insurance through her job, and I am self-employed. They currently have no medical debts.
3. The parties are currently residing together and therefore mother is not requesting any support be paid by father for the children. The Court enters a $0.00 support order as to father for each of the children and a $0.00 back support amount due for each of the children.
4. Should the parties separate, the Court finds that the father should have visitation in accordance with the Indiana Parenting Time Guidelines, at a minimum, or as otherwise agreed to by the parties.
5. The parties are ordered to comply with the requirements of Indiana Code Sec. 31-17-2.2-1 et seq., which requires that either parent contemplating a move must first provide both the court by regular mail and the other parent by certified or registered mail with prior written notice at least 90 days before the intended move. The nonmoving parent then has 60 days from the receipt of such notice to file a motion with the court asking that the moving parent be enjoined from the move. If no such motion is filed within 60 days by the nonmoving parent, the moving parent is free to move. Forms for providing notice of intent to relocate are available at the court.
NOTE I received no notice of intent to move. She singed a lease at an apartment, then she told me she was going to move. A few days laters she moved. I don't know rather she notified the court or not. She's been moved out since mid december. I didn't notify anyone of anything because we weren't fighting at the time she moved and we were both fine with the setup.
- - - Updated - - -
Also, I'm not asking for more time than was already established. I was seeing the kids every day and, therefore, not paying support. We were both fine with it. Then she got mad at me and decided that she didn't want to let me see the kids. She then started demanding back support for the entire time we were split up.