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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30167
Experience:  Lawyer
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I live in Indiana. My daughter is 2 years old, which I have

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I live in Indiana. My daughter is 2 years old, which I have read my child's father can get up to 10 hours a week to spend with her. He never showed up for court so we could not agree to any certain days in court. We verbally agreed Wednesdays and one full day on the weekend. I want him to spend the max amount of time with her to build a bond. He has been blowing his time off with her lately, saying his phone is shut off therefore he cannot take her. He's done this on several occasions. He is also over $12,000 behind in child support. Though, he is now paying the minimum amount weekly. Can I hold him in contempt for not taking her on scheduled days? and if so how? How far behind does he have to be in order to be charged? I have full custody, and he has parenting time.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Unfortunately, no, you cannot force him to exercise his court-ordered visitation scheduled. Visitation is a right, not an obligation. As much as you might want to do so, and as understandable as it is, there is no legal way to force someone to be a good father. If he wasn't paying child support, which is an obligation, not a right, that would be contempt of court. But a judge won't force a father to spend time with his child, especially because the thinking is that the child really doesn't benefit from spending time with a parent who doesn't want them there.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.
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