Question:
I am wondering what the laws are on several issues.
1) On the weekends that I have our children, my ex-wife continually schedules appointments for them that interrupt my parenting time. What are the laws that protect my time so that it is uninterrupted?
2) We have a 13 year old son that my ex-wife wants to continue taking to a babysitter (her mother) on my weekends. However, my current wife is available and would be more than happy to be with him until I get home from work. What are the laws on right of refusal that allow me to exercise my parenting time as I see fit?
3) On the days that I have my children, am running 30 minutes behind and cannot pick them up on time, can I have my wife pick them up? Or does the decision get to be made solely by my ex-wife? Our current custody agreement is 51% for my ex-wife and 49% for me. Is there a site where I can look up specific laws to protect my rights for uninterrupted time with my children?
Answer:
You should consult with an attorney in your jurisdiction, but generally she cannot schedule children’s activities that interfere with your parenting time. She also generally cannot direct a babysitter during your time if she is not available to watch the children. Further, you generally can designate a responsible adult to pickup and drop off your children for parenting time.
Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.
