VERIFIED MOTION FOR CONTEMPT REGARDING PARENTING TIME (VISITATION) General Instructions
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PLEASE READ FIRST: It is very important for you to know that when you sign a Court document, you may be helping or hurting your case. Before you sign any Court document or get involved with a Court case, it is important that you see a lawyer to make sure you are doing the right thing. Although there are risks in self-representation, should you choose to represent yourself you must be prepared. Although these forms have been prepared to help you represent yourself, you should know that certain Courts have their own procedures and may not accept every form. You may represent yourself in court, but you will have to abide by the appropriate court rules, Indiana Rules of Evidence, Indiana Rules of Trial Procedure, and any local rules. For additional information, you may refer to the Indiana Self-Service Legal Center which can be found at www.in.gov/judiciary/selfservice/index.html. For legal advice about your case, you should contact a lawyer.
Please keep in mind that the term “Parenting Time” has replaced the term “Visitation” in Indiana Child Custody Law. You can find a copy of the new Parenting Time Guidelines at http://www.state.in.us/judiciary/research/Ord-vis2.pdf.
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Step 1: Who should use this packet
You should use these forms if:
1.You have a Court order giving you Parenting Time (Visitation) rights over your child(ren),
2.The custodial parent has violated your Parenting Time (Visitation) rights, and
3.You would like the Court to hold the other party in contempt for violating your Parenting Time (Visitation) rights.
Step 2: What this packet contains
This packet contains forms for you to fill out and take to the Court. There are three forms in this packet. This packet also contains instructions.
Step 3: Which forms to fill out
You must fill out all three forms.
1.Appearance form
2.Verified Motion for Contempt Regarding Parenting Time (Visitation)
3.Order to Appear and Notice of Hearing
Step 4: How to File These Forms
1.Follow the instructions attached to each form to fill it out. You will need to look at a copy of your Court Parenting Time (Visitation) Order to answer questions on these forms. You will need to type or print neatly in black ink. Do not write on the back or sides of the forms, write only in the blanks provided.
2.Before filing these forms, check with your local Clerk to find out the number of copies you must provide and to find out the Clerk procedure for advising the other party of the hearing date.
3.Prepare the required number of copies of the forms that you have filled out.
4.Take the forms and copies to the Clerk in the Court where the action was originally filed. The Clerk will file stamp the forms, keep the originals and necessary copies, and hand back the rest of the copies to you.
5.Leave two stamped envelopes with the Clerk, one with your address and one with the other side’s address, for mailing the Notice of Hearing. This will tell you when your court date is scheduled.
6.Mail one stamped copy of each form that you filed to the opposing attorney, or the opposing party if the opposing party is not represented by an attorney.
7.You must comply with your local court rules with regard to service of process. The Notice of Hearing form found in this packet might not satisfy your local rules. For example, you might have to fill out a summons to serve the other side.
8.Please be aware that any protective orders or restraining orders remain in effect throughout this process.
9.We suggest that you review Indiana Custody and Parenting Time (Visitation) Rights in Family Law, Title 31, Article 17 of the Indiana Code to prepare yourself for court. This can be located at http://www.in.gov/legislative/ic/code/title31/ar17/.
STAD 6/12/02
Instructions for filling out the APPEARANCE (Form #1)
The instructions below correspond to the line numbers on the forms. Check the box in the first column as you complete each line.
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Line # |
Instructions |
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1 – 3 |
Look at the Court papers you have from this case. Copy the title as it |
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appears on those court papers. |
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5 |
If you were married to your child(ren)’s other parent, print “Marriage” in |
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the first blank. If you were not married to your child(ren)’s other parent, |
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print “Paternity” in the first blank and print the names of the child(ren) |
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you and the other parent have together in the second blank. |
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7 |
Print the full name of the Petitioner as it appears on your Court papers. |
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12 |
Print the full name of the Respondent as it appears on your Court papers. |
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18 |
In the first blank, print whether you are the Petitioner or Respondent as it |
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appears on the Court papers you have from this case. In the second blank, |
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print your complete name. |
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22 & 23 |
Print the names and social security numbers of all family members |
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involved in this case. |
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24 |
Print the number of children involved in this case. |
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25 |
Check "Yes" or "No" depending on whether there are other Court cases |
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involving yourself, the other party, and/or your child(ren). |
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26 |
For each case, you should describe what kind of case it is, name the Court |
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that the case is in, and give the case number of the case. |
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27 |
Sign your name. |
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29 |
Print your name. |
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31 |
Print your complete mailing address. |
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33 |
Print your town, state, and zip code. |
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35 |
Print your telephone number, with area code. |
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Instructions for filling out the Verified Motion
for Contempt Regarding Parenting Time (Visitation) (Form #2)
The instructions below correspond to the line numbers on the forms. Check the box in the first column as you complete each line.
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Line # |
Instructions |
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1 – 3 |
Look at the Court papers you have from this case. Copy the title as it |
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appears on those court papers. |
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5 |
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If you were married to your child(ren)’s other parent, print “Marriage” in |
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the first blank. If you were not married to your child(ren)’s other parent, |
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print “Paternity” in the first blank and print the names of the child(ren) |
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you and the other parent have together in the second blank. |
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7 & 8 |
Print the full name of the Petitioner as it appears on your Court papers |
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along with their home address. |
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11 |
& 12 |
Print the full name of the Respondent as it appears on your Court papers |
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along with their home address. |
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17 |
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Print your full name in this blank. |
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19 |
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Print the number of minor children that you and the other party have |
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together. |
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22 |
– 25 |
Print the name and date of birth of each of those children in these blanks. |
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27 |
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Fill in the first blank by printing the date the current Parenting Time |
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(Visitation) order was issued. Make sure to attach a copy of the current |
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Parenting Time (Visitation) order to this Motion. Title it by writing |
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“Exhibit A” at the top center of the first page of the Order. |
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30 |
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Print the name of the custodial parent. |
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32 |
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Print your name since you are the parent who was granted Parenting Time |
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(Visitation) rights. |
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34 |
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Print the name of the custodial parent since they have violated your |
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Parenting Time (Visitation) rights. |
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36 |
& 38 |
On these two lines, state how the other side has violated your Parenting |
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Time (Visitation) rights. Be brief and specific! State dates, times, and |
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locations. |
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42 |
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Print your name in this blank. |
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48 |
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Sign your name. |
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51 |
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Print your name. |
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53 |
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Print your complete mailing address. |
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55 |
Print your town, state, and zip code. |
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57 |
Print your telephone number, with area code. |
64Print the date that you will send the stamped copy of your forms to the opposing party or their attorney. This should be the same day you filed your documents with the Court.
66Sign your name to acknowledge that you sent the stamped copy of your forms to the opposing party or their attorney.
68Print your full name to acknowledge that you sent the stamped copy of your forms to the opposing party or their attorney.
Instructions for filling out the Order to Appear and Notice of Hearing (Form #3)
The instructions below correspond to the line numbers on the forms. Check the box in the first column as you complete each line.
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Line # |
Instructions |
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1 - 3 |
Look at the court papers you have from this case. Copy the title as it |
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appears on those court papers. |
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5 |
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If you were married to your child(ren)’s other parent, print “Marriage” in |
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the first blank. If you were not married to your child(ren)’s other parent, |
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print “Paternity” in the first blank and print the names of the child(ren) |
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you and the other parent have together in the second blank. |
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7 & 8 |
Print the full name of the Petitioner as it appears on your Court papers |
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along with the Petitioner’s home address. |
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11 |
& 12 |
Print the full name of the Respondent as it appears on your Court papers |
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along with the Respondent’s home address. |
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17 |
- 19 |
Print the name and home address of the other side. |
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26 |
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Print the full name of the other side. Next, circle “lives” if you want the |
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other side given these papers at their house and you will provide this |
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address in line 28, or circle “works” if you want the other side given these |
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papers at their place of employment and you will provide this address in |
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line 28. |
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28 |
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Print the address you are providing for the other side where you want them |
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to be given these papers. |
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30 |
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Print the name of the Court in the first blank. Print the address where the |
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Court is located in the second blank. Print the city or town where the Court |
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is located in the third blank. Call the Court to make sure you have the |
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correct information. |
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32 |
- 105 |
Leave these lines blank. If you are granted a hearing in this matter, the |
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Court will fill in these blanks. |