Do I have to let my children go for parenting time if it appears that the other parent has been drinking or using drugs? That is your decision. If you make the decision to deny parenting time, you may be asked to explain to the Court at a contempt hearing why you felt your decision was in the best interest of the children.
Does the Friend of the Court have a responsibility to investigate alleged abuse and/or neglect of a child? Allegations of abuse or neglect should be reported to the Protective Services Unit of your local Family Independence Agency.
I have a specific parenting time schedule that I need to change. What can I do? If you need a temporary change in your parenting time schedule, contact your co-parent to discuss making other arrangements. If you need to make a permanent change:
See if you and your co-parent can agree to the change. Write down the agreed changes, sign and date the letter (both parents), and submit it to the Friend of the Court office. A stipulated order will then be prepared and submitted to the Court for approval. An agreement between parties is not enforceable without a Court order.
If you and your co-parent are unable to reach an agreement, you may submit a request, in writing, to the Friend of the Court for a review of your parenting time provisions. Please indicate how circumstances have changed since your last order, and the reasons for requesting a review.
File a motion with the Court for a change in the order, on your own, or, contact an attorney to assist you.
At what age can the child choose with which parent he/she will live? Eighteen. Children do not decide custody. Parents and/or the Court decide custody. The reasonable preference of the child is but one of many factors the Court considers in reaching a custody decision.
What happens if I have an order for custody and the other parent does not return the child to me as stated in the order?
You may contact the Friend of the Court and request enforcement. Requests for enforcement must be in writing.
You may contact your attorney.
If you have reason to believe the other parent does not intend to return the child, you may contact the police or the prosecuting attorney and request that parental kidnaping charges be filed.
I am concerned that my child is being abused or neglected when with the other parent. What should I do? Report your concerns to the Protective Services Division of the Family Independence Agency. You may also wish to provide your Friend of the Court Office with a written copy of your concerns so that they may be made a part of your file. The Friend of the Court office, however, does not have the authority to investigate and remove children in abuse or neglect matters, nor can the Friend of the Court change your custody order based upon allegations of abuse or neglect.
The custodial parent is temporarily absent (out-of-town business or personal trip, short-term incarceration or hospitalization). Does the non-custodial parent automatically get care and custody of the child? No. For short-term absences, the custodial parent may make alternate care arrangements which may or may not include the non-custodial parent. Any Court-ordered parenting time must still occur.
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