Floyd, IN asked in Family Law for Indiana

Q: My children are 15 and 11 and do not like going to their father's home for visitation. Do they have to go?

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1 Lawyer Answer
Gojko Kasich
Gojko Kasich
  • Hebron, IN
  • Licensed in Indiana

A: Yes. You need to look at the Parenting Time Guidelines. In the recent case of AN v. JN [not published in NE2d but available in pdf at http://www.in.gov/judiciary/opinions/pdf/06201101cld.pdf the Court said:


The Guidelines state that “each parent shall be responsible to ensure the child complies with the scheduled parenting time. In no event shall a child be allowed to make the decision on whether scheduled parenting time takes place.” Parenting Time G., § I(E)(3). Again, “we have rejected the notion that a custodial parent may justify inaction simply because a child refuses to cooperate with a visitation order.” Macintosh, 749 N.E.2d at 630.


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