Good morning,

I'm sorry to hear of your dilemma.

You asked:1) Holiday visitations supersedes regular visitation. I spent the first half of Christmas Holiday with my son, returning him on December 26, 2011. When I went to get him on our regular visitation, Wed. Dec 28, his father told me I could have him because he gets him the second half of the holiday. Was he in violation by not letting me have him on Wed. evening, which is my designated time? Holiday parenting time, under Indiana law, takes precedence over Regular parenting time under Indiana law. As long as the Wednesday the 28th was still Holiday parenting time, your ex was right to demand to keep your son---despite the fact that it was your regularly scheduled time.

2) The police were dispatched to his father's house on a domestic issue. They were screaming and yelling...She advised he wouldn't let her leave with her things, she called 911. I am to be the first one called in case of an emergency, the father, called his sister instead to remove him from the scene. Is he in violation? So long as it was the father's time for custody, he is legally entitled to have anyone he deems fit care for your child in the event of an emergency, or the need for child care. He is not legally obligated to give you a first right of refusal.

3) Last weekend, on our visit, I noticed that my son is now suffering with anxiety. He can not eat and has trouble breathing. He cries uncontrollably for hours and says he doesn't want to live with his dad. He says they fight all the time and it wakes him up at night when he's sleeping. This is breaking my heart! What are my options, and do I need to file an emergency hearing and defend myself? Hire another attorney...what are my chances? I can't afford to loose again! Urgency: HIGH Your son's complaints are problematic. And, the best thing to do will be to get him into counseling to get at the root of the problem. If it is the father, the therapist can state that---in a way that the court will take notice. Taking your son to a psychologist requires the consent of both parents because you have Joint Legal Custody. If the father will not agree, then you must petition the court to order that you be allowed to have him see a child psychologist. You might also consider asking the court to appoint a Guardian ad Litem to look into the rights and best interests of your son, and to make a formal recommendation to the court. You will need an attorney in this fight, and if you have no trust in your present attorney, then you should retain a new one.

I wish you and your son the best in 2012.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug