Q: My children are 15 and 11 and do not like going to their father's home for visitation. Do they have to go?
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.
*****
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
