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  1. #1
    Join Date
    Aug 2011
    Posts
    3

    Default Denying of Right of First Refusal, and Some Regular Parenting Time

    My question involves a child custody case from the State of: Indiana

    I took my ex to court to establish custody and parenting time. Our court order states that she is to abide by parenting guidelines, and right of first refusal, as well as gives us joint legal custody, with her as primary physical.

    I filed recently to hold her in contempt because she has not once granted me right of first refusal of our daughter (5yrs old) in almost a year. She wrote an informal schedule for me to have her overnight every other wednesday, but says that we didn't agree on that schedule. She says she is doing what she feels is in the best interest of our child, even though the court order says otherwise. I have a police report filed from last november as well where she denied me a visitation that was specified in our court order. As well I have been keeping a detailed calender of each and every occurance where she has denied me overnight because she is working. She works 7pm - 7am and whoever is watching her takes her to school.

    I have always been in our childs life, and before we split, I was the primary caregiver. We weren't married, but I am married now and am pretty much a Father who works part time while my wife is in school and working. We have another child and I am with her all the time. I would like joint physical custody, not because she is denying me time, but just because I would like more time with my daughter, as well as for her to form a bond with her sister to last them forever.

    She has been extremely hostile to me, as well as stated there there will be NO overnights throughout the week whether she is working or not. Ive asked her on weekends when she is working for her, and she still says no, so she is refusing right of first refusal completely. She doesn't let me know who she is with so i can at least call and say goodnight (I call every night at 7pm).

    What are my chances? Am I keeping enough evidence by keeping a timeline and counting each occourance to privide a case against her?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Denying of Right of First Refusal, and Some Regular Parenting Time

    Without knowing the case history, seeing the pleadings, and hearing her side of the story, I'm not prepared to start guessing at the odds of success. If you want to up your chances, work with a lawyer.

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