I'm the father of two boys, aged 4 and 5. I live in Indiana. Me and their mother (unmarried) have had constant relationship problems for years. After a temporary split up a year ago, we had gotten a court order that basically says the following:
-I owe $0.00 in child support and $0.00 in back support (because we were living together again by the time we went to the court hearing)
-"Should the parties separate, the Court finds that the father should have visitation in accordance with the Indiana Parenting Time Guidelines, at a minimum, or as otherwise agreed to by the parties"
The mother moved out again a few months ago, however we were not having a major dispute at the time. In fact, we have spent a good portion of the last several months staying together. She was not asking for support, and I was seeing the kids every day. She recently got upset with me and decided to file for a court hearing to get support ordered. This has been over a week ago. I have asked her on a daily basis to let me take my children, and she has refused to let me visit them anywhere other than at her house in her presence. When I attempt to visit them with her present, she starts yelling at me and fighting with me in front of the kids (I think this is her underhanded excuse to tell the court that she is offering me visits and I am turning them down.) She is now telling me she doesn't have to follow the four hour weekly visitation because I haven't given her child support since she moved out over the last few months. I have no problem paying her child support, and have even been offering her support, but she's not making arrangements to take the money and let me see the kids. I have text messages to back this up. Here are my main questions:
-Do I actually owe her anything as of right now? We haven't been back to court yet to get any support ordered. I'm fine with giving her money, but I don't know what to pay her. Should I just write her a check and drop it in the mail so I can show the court that I've been giving her money? Would this be beneficial or pointless?
-Does she have the right to violate the parenting time guidelines on this basis?
-Do I have the right to take my kids away from her during my visitations?
-The guidelines say that I am entitled to two 24-hour periods every other week, one four-hour period every week, and holidays. Are these four-hour evenings and holidays every week, including the weeks that I have them for two days? It also mentions something called "extended time" which lets me take them for half of the summer and half of the breaks from school. Does this apply to me or is this extended time something I have to get court ordered?
-If she is violating the order, what should I do? Should I contact the court or the police?
-Should I hire a lawyer? What kind of outcome should I expect if I don't hire one and go to court?
-What can I do to increase my visitations?
Thanks.
-I owe $0.00 in child support and $0.00 in back support (because we were living together again by the time we went to the court hearing)
-"Should the parties separate, the Court finds that the father should have visitation in accordance with the Indiana Parenting Time Guidelines, at a minimum, or as otherwise agreed to by the parties"
The mother moved out again a few months ago, however we were not having a major dispute at the time. In fact, we have spent a good portion of the last several months staying together. She was not asking for support, and I was seeing the kids every day. She recently got upset with me and decided to file for a court hearing to get support ordered. This has been over a week ago. I have asked her on a daily basis to let me take my children, and she has refused to let me visit them anywhere other than at her house in her presence. When I attempt to visit them with her present, she starts yelling at me and fighting with me in front of the kids (I think this is her underhanded excuse to tell the court that she is offering me visits and I am turning them down.) She is now telling me she doesn't have to follow the four hour weekly visitation because I haven't given her child support since she moved out over the last few months. I have no problem paying her child support, and have even been offering her support, but she's not making arrangements to take the money and let me see the kids. I have text messages to back this up. Here are my main questions:
-Do I actually owe her anything as of right now? We haven't been back to court yet to get any support ordered. I'm fine with giving her money, but I don't know what to pay her. Should I just write her a check and drop it in the mail so I can show the court that I've been giving her money? Would this be beneficial or pointless?
-Does she have the right to violate the parenting time guidelines on this basis?
-Do I have the right to take my kids away from her during my visitations?
-The guidelines say that I am entitled to two 24-hour periods every other week, one four-hour period every week, and holidays. Are these four-hour evenings and holidays every week, including the weeks that I have them for two days? It also mentions something called "extended time" which lets me take them for half of the summer and half of the breaks from school. Does this apply to me or is this extended time something I have to get court ordered?
-If she is violating the order, what should I do? Should I contact the court or the police?
-Should I hire a lawyer? What kind of outcome should I expect if I don't hire one and go to court?
-What can I do to increase my visitations?
Thanks.