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I understsand and really am at the point of it really does not matter - the situation is that it is childs first formal school dance and I would like to see him and help him tie his tie and take some pics of he and his date.  BM will either deny the weekend if it is mine or deny me the oppurtunity to even see him and since he does not have a license to drive - either I will go there, or she could bring him to my home, neither of which will she allow.  

1.  Any ideas on how to handle that if the weekend is a toss up?

We have been round about this in court too.  As the court said - you can not take a calendar and mark it cp/ncp for the year and THEN figure in holidays, since holidays and vacation take precedence.  Because if one parent gets 2-3 weekends in a row because of holidays then that 3rd or 4th weekend can not be the same parents weekend as the other parent will loose seeing the children for long over a month.  That is why the provision was put in about when the NCP looses a weekend because of a holiday the regular alternatig will resume following the holiday.  That way the intenet is to not to have one parent loose more than 2 weeks without seeing the child(ren).  HOwever in this situation with three weekends in a row divided by holidays, what is to resume and on whose weekend is my dilema?  

Thanks for the response tho............

Soc,

IN here, both parties court ordered to follow the Indiana parenting time guidlines to the T.  

NCP to get EOW and holidays expressed within guidelines.

Dec 15-17 - CP weekend, one childs b day on the 17th (Sunday)  "In even numbered years the non-custodial parent shall have all of the children on each child's birthday from 9:00 A.M. until 9:00 P.M." - NCP had all children Sunday 9-9.

The next 2 weekends pan out like this due to the guidelines:

Dec 22-24 - CP has this weekend due to the xmas holiday provision "One-half of the period which will begin at 8:00 P.M. on the evening the child is released from school and continues to December 30 at 7:00 P.M."  Childs winter break starts on Wed at 8 PM.

Dec 29-31, will be split as NCP will have the children until Saturday the 30th at 7 PM, when CP then has them for New Years holiday.

Who's weekend then does it become Jan 5-7?  

SPECIAL NOTE ADDED -

"The Holiday Parenting Time Schedule shall take precedence over regularly scheduled and extended parenting time.  Extended parenting time takes precedence over regular parenting time unless otherwise indicated in these Guidelines.

If the non-custodial parent misses a regular weekend because it is the custodial parent's holiday, the regular alternating parenting time schedule will resume following the holiday.  If the non-custodial parent receives two consecutive weekends because of a holiday, the regular alternating parenting time schedule will resume the following weekend with the custodial parent."

Soc,

all parties in IN, as well as all court orders.

Court orders pertaining to this situation provide for SM to pick up child in place of BF as his representative.  BF to have parenting time EOW from 6 to 6 and to be availalbe at the residence of the CP, BM is to tell BF as far in advance of any activity on his time to either work out alternate arrangements or decide if child is to go due to pre scheduled activities with BF, neither party is to involve the child in their disputes in regards to parenting times and the child is not to act as a go between.

This evening when I went to get SS, BM said he would be a few min and slammed door in my face, when SS comes out at 610 he says on way to car that he has a school activity at 630.  I said we did not know and did his mom talk to his dad he said no.  When we got in the car I handed him my cell phone and asked him to call his mother and ask her to work it out with his dad (she calls me a whore, flips me off and will not speak to me - all this is docucmented in court with the GAL's report) BM refuses to answer home or cell phone, so SS leaves a message to contact dad.  I called dad and asked his what we should do that I felt uncomfortable in that I had nothing from BM that said he had any activity and not that I do not trust SS, he is a child and I was not going to leave him some place on a minors word with no confirmation that this was indeed a school function that he was to attend.

BM finally calls back nearly an hour after child was to be at the school and leaves a mesasge that "SS was negligible for not contacting BF earlier in the week and that SS left 2 phone messages earlier today and if we caused him to not go then SS would face repercussions in school...etc etc etc.  When we got home tonight there were 2 prior calls from SS - but both on home phone and he knew we were both at work and no call was ever placed to either cell phone or to our work.  As a parent I would never allow my kids to go anywhere without speaking to antoher parent with whom my child was to be with.  

The court order does not give me the authority to take and drop off the child anywhere I see fit without the knowledge of his father while in our care.  When I called BF he had heard nothing from BM or anything to confirm this activity.  So he said he was only comfortable with having the child with us since nothing was discussed otherwise.

1.  From a parents point of view I believe I was 110% correct in my handling of the situation, but legally in the best interest of the child, how would the court rule, towards the function or his safety?

DITTO!

Soc (changed and spelling corrected  )

was in court yesterday, long story, but have a question. As I asked before in March hearing BM was asked questions by our attorney and she responded that due to attorney client privledges she was not going to answer. You had thought some weird stuff was going on in regards to her attorney.

Yesterdays hearing was done by summary by both attorney's with approval from BM and myself. BM's attorney stated that the reason BM did not pay BF attorney's fees via last court order was due to BM's attorney's failure to appear in court for the hearing that was continued, and 2 hours of BM's attorney's billable time, and to punish him (BM"s attorney) and not BM. The hearing yesterday was on CS. The order BM's attorney referrs to was a contempt oder on BM for failure to abide by a court order for mediation and was fined for not following the courts 2 prior orders.

1. what do you make on that above comment?


2. BM was to pay BF's attorney's fees in 90 days, did not, got a judgement, OTA in August, neither BM nor her attorney appeared or gave notice to not show in court or continue the hearing. New hearing is on MOnday for no show last time and failure to pay fines for contempt and to attach BM's wages and proof of income/assets. This is not anything BF will have to testify at. I know you do not have your crystal ball there, but based on above if you were the judge, how would you rule?

Thank you.

Soc (changed and spelling corrected :)  )

updated in post below!

THX

Soc (changed and spelling corrected :)  )

updated in post below!

THX

I respectfully disaggree as the fee aggreement I signed with the attorney specifically states that if the other party does not pay awarded attorney fees per a contempt order, I am still responsible, I had a demand to pay from the firm there fore I paid.  However, the firm did allow me to wait out the time to see if she paid.  When she did not, I paid per the agreement adn the bill.  Still a lost cause?

the "truth" also would include "your honor, you had ordered the Respondent to pay atorney's fees by X date for a prior contempt action and when she had not paid I was bound to pay my attorney the fees that the Respondent failed to pay including CS, which both at the time of a job change put a burden on me financially, however please notice that Cs was paid to the Respondent 2 weeks prior to her actual filing her petiton that I had refused to pay."

you take on that above please?