make up time

[barbie]

I am ncp.  The children are with me for Thanksgiving.  The children have 2 wks off for Christmas.  Unfortunately the "agreement" (i use that term lightly due to the sucky lawyer I had) doesn't include anything about Christmas break except for Christmas itself.

I recently found out I have to have surgery. It is scheduled for the Tuesday before my weekend with the kids.  (could possibly still be in the hospital until Saturday.) I explained the situation to ex and suggested that they could stay there the weekend I get out of the hospital and I could take them for the 2nd week of Christmas break. (even asked for just a couple of days)

Ex said no and isn't willing to give me make up weekend if I don't get them that weekend.  It states nothing in our agreement or the county visitation rules regarding make up time. (which is what we are to follow if not in the agreement)  We live in Indiana.

1)  Is the make up time rule something that has to be put in the agreement or is this THE RULE  in general and he has no say in it?

2)  I don't want to stoop to his level, but where can I find where this would be written (if it is THE RULE) and force the issue?

Any information would be greatly appreciated.

HAPPY THANKSGIVING!!

[socrateaser]

>1)  Is the make up time rule something that has to be put in
>the agreement or is this THE RULE  in general and he has no
>say in it?

If it's not in the agreement or other order, then there is no make-up time.

If the situation were that you were  being refused custody/visitation that you were ordered, then you could receive make up time under a contempt motion, but here there is no contempt.