How Can I Deny Visitation to a Noncustodial Parent in Indiana?

Full question:

I have three daughters and have been divorced for almost 13 years. My oldest daughter is 17 and this past weekend her father told her to get the F... out of his house and out of his life. My daughter is a great child, full time student, part time job, money in the bank, great friends and I have never had a problem out of her. I have full legal custody of all of my children and have always had. The girls go to their dads on Weds evenings for an overnight and then every other weekend. Yesterday he wouldn't even allow her younger brother (his child from a second marriage) to see her while they were all at the dentist office, he pulled his son back and told him no. I'm being told that she now has to go see a psychiatrist and prove that she doesn't want to go then she can talk to the judge. I need to find an honest answer and not just a round about that is going to cost me $275-300 dollars every time I talk and don't get a straight answer. She will not go back and I personally don't think that she should have to. He has never treated any of them with respect and his wife instigates it until it blows up. Can anyone tell me if there is a legal age and what I need to do to make sure that this doesn't happen anymore. She wants to decide when she goes and I have a feeling that if she can't she'll want to be emancipated from her father. Which in the long run is really going to hurt him when he finally realizes what he is giving up.

• Category: Divorce
• Subcategory: Visitation
• Date: 04/07/2025
• State: Indiana

Answer:

Unless the court order says otherwise, the non-custodial parent, not the child, has control of his/her visitation rights pursuant to the court order or decree. When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child custody and/or visitation may be modified if there is a significant change of circumstances. The court's decision to grant a modification is based on the best interests of the child. A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.

When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. A request may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition was served on the opposing party.

You might be interested in reading the following article:

http://www.divorcenet.com/states/texas/txart32

Please see the following IN statutes:

IC 31-17-4-1 (a) A parent not granted custody of the child is entitled
to....

(a) A parent not granted custody of the child is entitled to reasonable
parenting time rights unless the court finds, after a hearing, that
parenting time by the noncustodial parent might endanger the child's
physical health or significantly impair the child's emotional development.

(b) The court may interview the child in chambers to assist the court in
determining the child's perception of whether parenting time by the
noncustodial parent might endanger the child's physical health or
significantly impair the child's emotional development.

(c) The court may permit counsel to be present at the interview. If
counsel is present:

(1) a record may be made of the interview; and

(2) the interview may be made part of the record for purposes of appeal.

IC 31-17-4-2 The court may modify an order granting or denying....

The court may modify an order granting or denying parenting time rights
whenever modification would serve the best interests of the child. However,
the court shall not restrict a parent's parenting time rights unless the
court finds that the parenting time might endanger the child's physical
health or significantly impair the child's emotional development.

IC 31-17-4-3 (a) In any action filed to enforce or modify an order....

(a) In any action filed to enforce or modify an order granting or denying
parenting time rights, a court may award:

(1) reasonable attorney's fees;

(2) court costs; and

(3) other reasonable expenses of litigation.

(b) In determining whether to award reasonable attorney's fees, court
costs, and other reasonable expenses of litigation, the court may consider
among other factors:

(1) whether the petitioner substantially prevailed and whether the court
found that the respondent knowingly or intentionally violated an order
granting or denying rights; and

(2) whether the respondent substantially prevailed and the court found
that the action was frivolous or vexatious.