5. Withholding Support or Parenting Time. Neither parenting time nor child support shall be withheld because of either parent’s failure to comply with a court order. Only the court may enter sanctions for noncompliance. A child has the right both to support and parenting time, neither of which is dependent upon the other. If there is a violation of either requirement, the remedy is to apply to the court for appropriate sanctions.
6. Enforcement of Parenting Time
A. Contempt Sanctions. Court orders regarding parenting time must be followed by both parents. Unjustified violations of any of the provisions contained in the order may subject the offender to contempt sanctions. These sanctions may include fine, imprisonment, and/or community service.
B. Injunctive Relief. Under Indiana law, a noncustodial parent who regularly pays support and is barred from parenting time by the custodial parent may file an application for an injunction to enforce parenting time under Ind. Code § 31-17-4-4.
C. Criminal Penalties. Interference with custody or visitation rights may be a crime. Ind. Code § 35-42-3-4.
D. Attorney Fees. In any court action to enforce an order granting or denying parenting time, a court may award reasonable attorney fees and expenses of litigation. A court may consider whether the parent seeking attorney fees substantially prevailed and whether the parent violating the order did so knowingly or intentionally. A court can also award attorney fees and expenses against a parent who pursues a frivolous or vexatious court action.
(Amended Sep. 10, 2007, effective Jan. 1, 2008; amended effective March 28, 2008.)
**Taken from the Indiana Parenting Time Guidelines, which by law apply to ALL custody cases in the state of Indiana.**
8 comments:
do you really think that she can comprehend what ANY of that means? come on now... you're giving her too much credit!
I'm just trying to give everyone a fair shot at being informed before making rash decisions is all! :)
I comprehend it.
Ok I have to comment on this situation again. Does this woman(Kaeleigh's mom) realize how much she is hurting her sweet little girl!!!! She thinks she is just hurting Jason and Keri but children understand way more than some ppl think!!
Keri and Jason and family I hope this can all be over soon I hate that you all have to go through this because of some jealous, crazy, selfish,and lying woman I believe her name is Erica.
Anyway sorry I wrote so much but I felt I needed to say it. I love you guys and a praying for you all.
Hugs to you and yours
MJ
Thank you, Mary Jo.
We MISS Kaeleigh! We have missed out on two weekends and Spring Break so far.
Erica says she's keeping Kaeleigh from coming here because she feels she's in danger.
ROFLMAO...In DANGER???? In danger of being loved, pampered, cared for...In danger of being happy and carefree and without tension and stress???
Kaleigh is a blood relative of mine and in the Baker family children are always and always have been the #1 priority. Dang I wish there was some way to get thru to this young woman's brain that she is doing nothing more than hurting Kaleigh and that one day, sooner than she thinks because these kids grow up so fast, that it will come back to haunt her!!!
We don't know each other but I read your blog sometimes through Kelly Bohm's and I thought I would comment. I worked for the DCS for about 4 years and I am sure they will find how ridiculous this is. People can also be punished for false reporting. The DCS has enough work to do investigating homes where children really are being abused or neglected, they don't have time to deal with outrageous false reports. I'm sure things will work out for the best. You're so right that the person who is suffering the most is Kayleigh.
I'm sad that kaeleigh and your family is still going through this and no one has realized what a douche someone is =P
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