Visitation question

[j2487]

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

I did, they wouldn't help me because I'm not on government assistance. I didn't think that mattered. I thought it went by income.

 

[gam]

If you read the IN parenting time guidelines, it goes by ages. For children age 3 and above, the part about having the child on your bday, is 9 am - 9 pm. If it falls on a school day then the parent has from 5 pm - 8 pm.

Obviously children who are 3 and 4 are not in regular school, but the IN guidelines include them in this section. So I'm taking it that preschool would count here. Of course I could be taking it wrong, but I don't see then why it would state from ages 3 and up.

 

[j2487]

If you read the IN parenting time guidelines, it goes by ages. For children age 3 and above, the part about having the child on your bday, is 9 am - 9 pm. If it falls on a school day then the parent has from 5 pm - 8 pm.

Obviously children who are 3 and 4 are not in regular school, but the IN guidelines include them in this section. So I'm taking it that preschool would count here. Of course I could be taking it wrong, but I don't see then why it would state from ages 3 and up.

That's where I'm confused. A typical 5 year old would be in school, but he's in daycare/preschool. So I don't see the harm in taking him out for the day to spend with me, but want to make sure it's legal. It's such a grey area.

 

[Silverplum]

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.

"Printed out" stuff from specialists usually is not admissable: the piece of paper cannot be cross-examined. You need the human being that did the diagnosing to come to court to testify and be cross-examined.

 

[CSO286]

I did, they wouldn't help me because I'm not on government assistance. I didn't think that mattered. I thought it went by income.

That is not why legal services wouldn't help you. I'm sure of it.

My guess: you are over income.

 

[j2487]

"Printed out" stuff from specialists usually is not admissable: the piece of paper cannot be cross-examined. You need the human being that did the diagnosing to come to court to testify and be cross-examined.

Could I have them subpoened?sp? I have to leave and get some work done before heading home to the hot headed wife, lol. I'll check back here for more responses later. Thank you all.

 

[gam]

That's where I'm confused. A typical 5 year old would be in school, but he's in daycare/preschool. So I don't see the harm in taking him out for the day to spend with me, but want to make sure it's legal. It's such a grey area.

Well I can see it your way, but I can also see it another way to. In my area(which is not in IN), typically childs bday or parents bday are not included in orders. If one really wants to push the issue, they often can still get the childs bday in the order, but never the parents. So on that end, I say to you, whats the big deal on you having your child on your bday? What harm will that be for the child to miss that?

If you were my ex, I would just let you go ahead and have the darn day. But I would also explain to you, while you may not see preschool or even daycare for that matter a big deal, it's needed as you work and mom works, it's a routine for the child. While disrupting that time once in awhile is fine, you need to also understand that its reasonable to not disrupt it often. Many daycares/preschools charge even when a child does not go that day. Some have so many set days a child can miss, and mom has to use that day for your bday, now she loses a day to be used when the child is sick.

Hope that all makes sense to ya.

 

[Silverplum]

Could I have them subpoened?sp? I have to leave and get some work done before heading home to the hot headed wife, lol. I'll check back here for more responses later. Thank you all.

Yes, you can. You'd have to read your local rules of court and such for details.

And you're welcome.

 

[j2487]

Well I can see it your way, but I can also see it another way to. In my area(which is not in IN), typically childs bday or parents bday are not included in orders. If one really wants to push the issue, they often can still get the childs bday in the order, but never the parents. So on that end, I say to you, whats the big deal on you having your child on your bday? What harm will that be for the child to miss that?

If you were my ex, I would just let you go ahead and have the darn day. But I would also explain to you, while you may not see preschool or even daycare for that matter a big deal, it's needed as you work and mom works, it's a routine for the child. While disrupting that time once in awhile is fine, you need to also understand that its reasonable to not disrupt it often. Many daycares/preschools charge even when a child does not go that day. Some have so many set days a child can miss, and mom has to use that day for your bday, now she loses a day to be used when the child is sick.

Hope that all makes sense to ya.

I wish she would just give me the day. I've missed so much time with him lately because she keeps finding ways around it with her lawyer. I could understand him needing to be in daycare if it was necessary, but this is not the case. She does not work, only her husband does. She puts him in there anyway so she "doesn't have to deal with him". I can't understand that for the life of me.

 

[Zigner]

I wish she would just give me the day. I've missed so much time with him lately because she keeps finding ways around it with her lawyer. I could understand him needing to be in daycare if it was necessary, but this is not the case. She does not work, only her husband does. She puts him in there anyway so she "doesn't have to deal with him". I can't understand that for the life of me.

I hate to say this because I know it's going to come across (to you) in this medium as being callous...

You sound like the type of person that stands around wringing your hands and lamenting your situation...woe is me!

You NEED to stand up for your rights in court. Start here: http://www.in.gov/judiciary/2616.htm

After that, if you still need help, perhaps it's time for you to scrimp and save to, at the very least, have a consultation with a local family law attorney.

 

[LdiJ]

I wish she would just give me the day. I've missed so much time with him lately because she keeps finding ways around it with her lawyer. I could understand him needing to be in daycare if it was necessary, but this is not the case. She does not work, only her husband does. She puts him in there anyway so she "doesn't have to deal with him". I can't understand that for the life of me.

Preschool is often highly recommended for ALL children, whether they need daycare or not. It helps prepare them for regular school.

I also don't believe that you are dad. I believe that you are dad's wife pretending to be dad. Your two attitudes are remarkably similar.

 

[tflanary]

Preschool is often highly recommended for ALL children, whether they need daycare or not. It helps prepare them for regular school.

I also don't believe that you are dad. I believe that you are dad's wife pretending to be dad. Your two attitudes are remarkably similar.

Oh good Lord, get a life, I don't believe you're an adult

 

[Zigner]

LdiJ - you nailed it. I think this *might* have started out with dad wanting information in this thread. But it's now DEFINITELY the over-stepping step!

 

[j2487]

Oh good Lord, get a life, I don't believe you're an adult

Tracy please stay off this thread, we'll talk later

 

[Zigner]

Tracy please stay off this thread, we'll talk later

Sorry - the jig is up!