As the non-custodial parent and per our parenting plan, I am to have four weeks of additional parenting time each year with my child until he reaches age 5.
However, my ex-wife is claiming she has those additional weeks as well because "it's implied." Now she has set up a parenting time schedule with her additional weeks of extended parenting time and holiday time that mean there are multiple three-week periods during the year where I have no parenting time with my child.
What can I do to correct this situation?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce and child custody laws where I am licensed to practice.
My state's parenting time guidelines grant parenting time to the noncustodial parent for a child 3 years of age and over on alternating weekends from Friday at 6:00 P.M. until Sunday at 6:00 P.M. (the times may change to fit the parents' schedules); One (1) evening per week, preferably in mid-week, for a period of up to four hours but the child shall be returned no later than 9:00 p.m.; On all scheduled holidays; and for a child between the ages of 3 and 4, up to four (4) non-consecutive weeks during the year beginning at 4:00 P.M. on Sunday until 4:00 P.M. on the following Sunday, the non-custodial parent to give sixty (60) days advance notice of the use of a particular week.
In Indiana, if your order regarding parenting time follows the Indiana Parenting Time Guidelines, then the extended parenting time does not also apply to the custodial parent as they have the child for a substantially increased amount of time over the remainder of the year.
In order to address situations similar to this, the guidelines specifically responds to situations that may arise when a parent exercises parenting time over the summer for children five and over.
The guidelines state during the summer period when the children are with the custodial parent for more than two (2) consecutive weeks, the non-custodial parent's regular parenting time continues, unless impracticable because of distance created by out-of-town vacations.
Divorce Resources:State Child Custody Laws
You should note your objection to the child's mother in writing. Should she deny you your regular parenting time during those weeks, you may file a Petition for Contempt or a request for an order restraining interference with your parenting time with the Court.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.