[IN] What if my spouse and I don't agree on the terms of our parenting plan?
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I'm sorry you're dealing with this. If you and the other parent can’t agree on the parenting plan provisions, the only way to move forward is to file for divorce and ask a judge to put a temporary custody order in place.
The judge will determine whether the children can be around the uncle based on what's in the children's best interests (§ 31-17-2-8). This includes factors like stable income, housing, and the absence of drug, alcohol, or violence issues (§ 31-17-2-12).
Unfortunately, there’s no way to force the other parent to agree to a parenting plan. And even if you have one in place, it’s not enforceable unless it’s filed in court. If the other parent doesn’t follow it, you’d need to seek enforcement through the court system.
I hope that helps. If you need an attorney, contact your local bar association for a referral, or check with your local legal aid society for free or low-cost services. Local law school clinics are also a good resource.
Let me know if you need help understanding the next steps or have more questions.
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Is there a good way on a parenting agreement to say that either parent cannot have the children around someone?
I understand your concern. Are you looking to restrict one parent from having the children around a specific individual?
Yes. The children’s father does not want to sign the agreement until we include the restriction that the children are not allowed around his brother, the children’s uncle.
Are there any specific reasons or concerns regarding this individual being around the children?
He feels as though this individual will harm the children. I, however, do not feel that way.
Is there anything else the lawyer should know before I connect you?
That's all.
Hello, my name is Charlie, and I’m a licensed attorney. I’m sorry you’re experiencing these issues, but I’ll be happy to assist you today. Please give me a moment to review your question. Which state do you live in?
Indiana.
Understood. How old are your children?
The oldest is six years old, and the youngest is two years old.
Got it. Are you and the other parent married?
Yes, but we’re separated and getting divorced.
Has the divorce already been filed?
Not yet. I’m currently working on it.
Completely understand. Are you trying to put a parenting plan in place until the divorce is filed and custody is established?
Yes.
Okay. Let me provide some information to help — it’ll just take a few minutes.
Thank you.
I'm sorry you're dealing with this. If you and the other parent can’t agree on the parenting plan provisions, the only way to move forward is to file for divorce and ask a judge to put a temporary custody order in place.
The judge will determine whether the children can be around the uncle based on what's in the children's best interests (§ 31-17-2-8). This includes factors like stable income, housing, and the absence of drug, alcohol, or violence issues (§ 31-17-2-12).
Unfortunately, there’s no way to force the other parent to agree to a parenting plan. And even if you have one in place, it’s not enforceable unless it’s filed in court. If the other parent doesn’t follow it, you’d need to seek enforcement through the court system.
I hope that helps. If you need an attorney, contact your local bar association for a referral, or check with your local legal aid society for free or low-cost services. Local law school clinics are also a good resource.
Let me know if you need help understanding the next steps or have more questions.
Okay, thank you.
You’re welcome — glad to help in any way. I wish you the best in this difficult situation. Thank you and take care.
