Visitation question

[j2487]

What is the name of your state (only U.S. law)? IN
Please only real responses here, I will not reply to anything else. I got a call from my wife while at work telling me about the arguments created by me asking her to help look this up online for me. And I did read it all and it was all pointless jibber jabber.
My birthday is coming up and I am wanting to take the day off to spend with my son, however the custodial parent continually fights me on visitation because her lawyer said the less time I get with him the more child support she'll get. This is very unfair to my boy. As stated in my wife's question, I understand the guidelines to allow me to have him from 9 to 9, not 5 to 8 like the custodial parent is claiming. He is in preschool, not in Kindergarten. The school does have a curriculum but is still a daycare. My wife and I have endlessly tried to find the answer to who is correct and would love to hire a lawyer like the custodial parent has but I pay a huge amount of child support out of my check and my wife does not get child support for her two that she has sole custody of. We are trying to support a family and a lawyer is just not in the budget. We tried legal services and got the run around. Because of this I am finding more and more of my time with my child being taken away from me. My son is my world and I want more than anything to have him full time, for various reasons, most of which my wife has already mentioned and sadly they are true.

 

[Zigner]

As I mentioned in the other thread - I am of the belief that "preschool" is very likely to be seen as "school" - furthermore, this is not going to be resolved in time for your birthday.

 

[Zigner]

PS: Tell your wife that she should really let you handle your own matters. Her demeanor is very off-putting and greatly hinders any chance you may have at getting help.

 

[j2487]

As I mentioned in the other thread - I am of the belief that "preschool" is very likely to be seen as "school" - furthermore, this is not going to be resolved in time for your birthday.

Thank you Zigner, do you know where I can find this in black and white printed instead of it being left up to interpretation by chance?

 

[j2487]

PS: Tell your wife that she should really let you handle your own matters. Her demeanor is very off-putting and greatly hinders any chance you may have at getting help.

It was my mistake for asking her to help me since I am so pressed for time. She and many others here were wrong to start feuding when all I needed was true advice.

 

[Zigner]

Thank you Zigner, do you know where I can find this in black and white printed instead of it being left up to interpretation by chance?

It can be found printed in your clarified court order. By the time this even GETS to court it's going to be a moot point.

Rest easy though, 9-9 or 5-8, it's not going to change the amount of support you have to pay.

 

[j2487]

It can be found printed in your clarified court order. By the time this even GETS to court it's going to be a moot point.

Rest easy though, 9-9 or 5-8, it's not going to change the amount of support you have to pay.

I've looked through our original divorce decree and it just says follow guidelines. As far as support, that doesn't matter to me really, only to the ex. I would give my entire paycheck just to have more time with him. The courts just can't see through her lies and it's killing my son

 

[Zigner]

I've looked through our original divorce decree and it just says follow guidelines. As far as support, that doesn't matter to me really, only to the ex. I would give my entire paycheck just to have more time with him. The courts just can't see through her lies and it's killing my son

If your original order is unclear, then you will need to go to court to get it clarified.


Getting a clarified order will likely only occur after your birthday, so it's a moot point.

 

[j2487]

If your original order is unclear, then you will need to go to court to get it clarified.


Getting a clarified order will likely only occur after your birthday, so it's a moot point.

I am planning on doing that in May at our next hearing. Hopefully her lawyer doesn't take away more of my time. Please let me know if someone finds clarification on if I can keep him all day since he is not required by law to attend daycare.

 

[Zigner]

I am planning on doing that in May at our next hearing. Hopefully her lawyer doesn't take away more of my time. Please let me know if someone finds clarification on if I can keep him all day since he is not required by law to attend daycare.

The COURT will clarify it...in May...assuming that your hearing in May is for this purpose.

ETA: The lawyer doesn't take away your time.

 

[CSO286]

I am planning on doing that in May at our next hearing. Hopefully her lawyer doesn't take away more of my time. Please let me know if someone finds clarification on if I can keep him all day since he is not required by law to attend daycare.

You do realize that LEGALLY he is not requried to attend school until age seven, don't you?
http://statelaws.findlaw.com/indiana-law/indiana-compulsory-education-laws.html

Preschool and daycare are two different animals as well.

 

[Silverplum]

It was my mistake for asking her to help me since I am so pressed for time.

She has an inflated sense of her legal position.

She and many others here were wrong to start feuding when all I needed was true advice.

 

[Silverplum]

I've looked through our original divorce decree and it just says follow guidelines. As far as support, that doesn't matter to me really, only to the ex. I would give my entire paycheck just to have more time with him. The courts just can't see through her lies and it's killing my son

Dramatic renderings do not help your position in court. Say nothing you can't prove with hard facts. If the child is not lingering at death's door in a hospital, don't say "it's killing my son."

 

[Silverplum]

What is the name of your state (only U.S. law)? IN
Please only real responses here, I will not reply to anything else. I got a call from my wife while at work telling me about the arguments created by me asking her to help look this up online for me. And I did read it all and it was all pointless jibber jabber.
My birthday is coming up and I am wanting to take the day off to spend with my son, however the custodial parent continually fights me on visitation because her lawyer said the less time I get with him the more child support she'll get. This is very unfair to my boy. As stated in my wife's question, I understand the guidelines to allow me to have him from 9 to 9, not 5 to 8 like the custodial parent is claiming. He is in preschool, not in Kindergarten. The school does have a curriculum but is still a daycare. My wife and I have endlessly tried to find the answer to who is correct and would love to hire a lawyer like the custodial parent has but I pay a huge amount of child support out of my check and my wife does not get child support for her two that she has sole custody of. We are trying to support a family and a lawyer is just not in the budget. We tried legal services and got the run around. Because of this I am finding more and more of my time with my child being taken away from me. My son is my world and I want more than anything to have him full time, for various reasons, most of which my wife has already mentioned and sadly they are true.

Regarding the bolded: What do you mean, "got the run around" -- you did? Or your wife did?

 

[j2487]

Dramatic renderings do not help your position in court. Say nothing you can't prove with hard facts. If the child is not lingering at death's door in a hospital, don't say "it's killing my son."

Fortunately I did have him seen by a Riley specialist and have that printed out and ready for court. I also have proof in her emails where she admits to overdosing him. Hopefully that will stand up in court.