Michael J. Peterson, Attorney

Indiana Legal Framework

Indiana Family Law serves as the cornerstone for regulating matters pertaining to child custody and visitation. Embedded within the legal landscape are provisions that specifically address parenting time, recognizing the significance of a child's relationship with both parents post-separation or divorce.

 

Overview of Key Legal Codes

1. Indiana Code Title 31, Article 17 (Child Custody and Visitation): This article forms the backbone of Indiana's legal framework concerning child custody and visitation. Within its provisions lie guidelines that delineate the rights and responsibilities of parents, emphasizing the court's commitment to safeguarding the child's best interests.
2. Relevant Statutes Outlining Parenting Time Guidelines: Indiana's parenting time guidelines are explicitly outlined in statutes accompanying Title 31, Article 17. These statutes, integrated into the legal fabric, detail the parameters for parenting time, addressing factors such as duration, frequency, and considerations for holidays and special occasions. The guidelines within these statutes are designed to be flexible, allowing for adaptation to the unique circumstances of each family.

Understanding these legal codes is fundamental to navigating parenting time decisions in Indiana, ensuring that the legal framework aligns with the overarching goal of facilitating meaningful and continuous parent-child relationships while prioritizing the child's welfare.

 

Indiana Child's Basic Needs 

1. Understanding the Situation: Recognize that the parents' decision to live apart is not the child's fault.
2. Independent Relationships: Foster and maintain an independent relationship with each parent, ensuring continuous care and guidance.
3. Avoiding Parental Conflicts: Allow the child to be free from taking sides or experiencing conflict between the parents.
4. Healthy Parental Relationships: Cultivate a relaxed and secure relationship with each parent without being manipulated against the other.
5. Regular and Consistent Time: Facilitate the child's enjoyment of regular and consistent time with each parent.
6. Financial Support: Ensure financial support from each parent, irrespective of the time spent with the child.
7. Safety and Supervision: Prioritize the child's physical safety and adequate supervision when in the care of each parent.
8. Meaningful Relationships: Allow the child to develop and maintain meaningful relationships with other significant adults (grandparents, stepparents, and relatives), ensuring they complement rather than interfere with the primary relationship with the parents.

 

Indian Parenting Time Guidelines Terminology and Time Concept

1. Use of "Parenting Time": The term "parenting time" is used instead of "visitation" to highlight the importance of the time a parent spends with their child. This reflects the ongoing relationship between a noncustodial parent and their child, going beyond a simple visit
2. Minimum Time Concept: These guidelines establish the minimum time a noncustodial parent should spend with their child when an agreement cannot be reached. It's important to note that these guidelines don't set a court-imposed time limit. Parents and courts can agree on different parenting times based on what is best for the child. Sensibility, flexibility, and reasonableness should guide these decisions.
3. Parenting Time Plans or Calendars: Creating a year-long parenting time calendar can be beneficial. This calendar helps parents plan for holidays, birthdays, and school vacations well in advance. It allows for agreed-upon deviations from the guidelines, considering the specific needs of both children and parents.

 

Factors Influencing Parenting Time Decisions

In determining parenting time arrangements, the paramount consideration is the Child's Best Interests Standard. This involves a thorough assessment of various factors tailored to the child's well-being. Firstly, the child's age, developmental needs, and expressed preferences are taken into account. Secondly, the historical relationship between the parents and the child is critically evaluated. This historical context provides insight into the dynamics and the level of familiarity between the child and each parent. Lastly, the foremost priority is to ensure a safe, secure, and supportive environment for the child. This comprehensive approach aims to safeguard the child's emotional, physical, and developmental needs, promoting an arrangement that fosters the child's best interests.  Below is a comprehensive list of factors that influnce the parenting time.

Factors Related to the Child:

• Age, temperament, and maturity level of the child.
• The child's current routine.
• The child's response to separations and transitions.
• Any specific physical, emotional, educational, or other needs based on developmental stage.

Factors Related to the Parent:

• Temperament of each parent.
• Compatibility of each parent's temperament with the child's.
• Mental health, including mental illness and substance use.
• Sensitivity to the child's early developmental needs.
• Capacity and willingness to adapt to the child's changing needs.

Factors Related to the Parent-Child Relationship:

• Warmth and availability of each parent to the child.
• Ability to discern and respond sensitively to the child's needs.
• Past experience living with the child and caregiving history.
• Caregiving interest and motivation.
• History of child physical or emotional abuse or neglect.

Factors Related to the Co-Parenting Relationship:

• Capacity and willingness to be flexible.
• Level and nature of conflict/domestic violence.
• Ability to compartmentalize conflicts and protect the child.
• Communication skills and timeliness.
• Facilitation of contact and communication between parents and child.
• Cooperation about the child's developmental needs.

Environmental Factors:

• Proximity of parental homes.
• Parents' work schedules and circumstances.
• Presence of extended family or friends in caregiving.
• Availability of additional child care and economic resources.
• Mechanics in place for child transfers between households.

 

Communication Guidelines

Between Parents

1. Parents must regularly share their home and work addresses, telephone numbers, and email addresses.
2. Any changes in contact information should be communicated in writing.
3. Communications regarding the child should occur directly between parents at reasonable times and places.
4. Children should not be used to exchange documents or financial information.

 

With A Child Generally

1. Both a child and a parent are entitled to private communications without interference.
2. Parents should encourage the child to respect and love the other parent.
3. Negative remarks about the other parent should be avoided, and such behavior discouraged by relatives or friends.

 

With A Child By Telephone

1. Both parents have reasonable phone access to their child.
2. Calls should be conducted at reasonable hours, durations, and intervals without interference.
3. Messages left for a child should be promptly communicated, and the call returned.

 

With A Child By Mail

1. Parents and children have the right to communicate privately through text, email, faxes, cards, letters, and packages without interference.

 

Electronic Communication

1. The same provisions apply to electronic communications of any kind.
2. Reasonable restrictions on a child's Internet access are allowed.

 

Emergency Notification

1. For travel, an itinerary or contact information must be provided to the other parent for emergency notification.

 

Communication between parent and child

1. Each parent is encouraged to promote a positive relationship between the child and the other parent.
2. Open, positive, and frequent communication is essential, including phone calls, letters, emails, video chats, and Skype.
3. No one should block reasonable communication or monitor/recording such communications.
4. Both parents must promptly provide updated contact information.

 

Parenting Time Schedules and Arrangements

Parenting time schedules and arrangements play a crucial role in ensuring a stable and nurturing environment for a child's development. Standard parenting time guidelines encompass weekday and weekend schedules, addressing the regular routine of a child's life. Additionally, these guidelines extend to holiday and special occasion arrangements, acknowledging the significance of maintaining meaningful connections during celebratory times. Vacation and summer break considerations are also integrated, recognizing the importance of facilitating quality time between the child and each parent during extended periods. These guidelines aim to establish a framework that fosters consistency, predictability, and ample opportunities for parent-child bonding.

 

Implementation of Parenting Time

Implementing parenting time involves various considerations to ensure the child's well-being and maintain a cooperative environment between parents.

1. Transportation Responsibilities: Parents are generally responsible for transporting the child at the beginning and end of scheduled parenting time. Both parents should be present during exchanges and make reasonable efforts to personally transport the child. In cases where a parent is unavailable, the use of a responsible adult known to the child is recommended, and bringing a third party should not escalate conflict.
2. Distance and Cost Factors: If extended driving time is necessary due to distance, parents should agree on a suitable exchange location. Transportation costs should be shared based on factors like distance, financial resources, and family situations.
3. Parental Hostility: In situations of parental hostility, exchanges should occur at neutral sites, avoiding law enforcement facilities unless protective orders or a history of violence exists. Public places like gas stations or restaurants can be alternatives for safe transitions.
4. Punctuality: Both parents must have the child ready and be on time for exchanges. Communication is crucial if delays occur, and rescheduling may be necessary if a parent doesn't communicate or delays unreasonably impact the exchange.
5. Clothing: The custodial parent provides clean clothing with the child, and the non-custodial parent returns them in a clean condition. Advance notice of special activities helps ensure appropriate clothing is available.
6. Privacy of Residence: Parents cannot enter each other's residence without express permission. Exchanges occur at the front entrance, and the delivering party ensures the child is safely inside before leaving.

These guidelines emphasize mutual cooperation, timely communication, and prioritizing the child's comfort and security during exchanges.

 

Modification and Enforcement

Modification and enforcement are integral aspects of parenting time orders, ensuring the ongoing well-being of the child and the effectiveness of the established guidelines. Circumstances that may warrant modification of parenting time orders include significant life changes, relocation, or alterations in the child's needs. Seeking modifications involves legal procedures that typically require filing a petition with the court, outlining the reasons for the requested changes. Enforcement of parenting time orders is crucial for maintaining the integrity of the agreed-upon schedule. Non-compliance may lead to consequences, such as fines, contempt of court charges, or adjustments to the existing custody arrangement. The legal system provides a framework to address changes in circumstances and uphold the rights and responsibilities outlined in parenting time orders.

 

Modification Process

Parents should approach modifications to the parenting schedule with flexibility, recognizing occasional changes may be necessary. Exercising reasonable judgment is essential, prioritizing the child's well-being and fostering meaningful contact with each parent.

1. Scheduled Parenting Time As Planned: Parenting time is a joint responsibility, and it should occur as scheduled. A child should not be involved in decisions about parenting time. If a parent can't provide care during scheduled time, they must arrange alternate childcare or cover associated costs.
2. Adjustments to Schedule / "Make-Up" Time: When circumstances necessitate adjustments, parents should notify each other promptly. Recurring events requiring changes should be communicated in advance, and both parents should strive for mutually acceptable adjustments. "Make-up" time, if needed, should be exercised promptly and not used to deny scheduled holidays or interfere with prior commitments.
3. Limitations on "Make-Up" Time: Parents sharing equal parenting time may not exceed three additional days of "make-up" time at once, avoiding more than ten consecutive days. These days should not conflict with specified holidays and special days.
4. Opportunity for Additional Parenting Time: When childcare is required, the parent needing it must offer the other parent the opportunity for additional parenting time if practical. The other parent isn't obligated to provide childcare, and if they opt to, it should be at no cost and not impact child support. The parent exercising additional time must handle transportation unless otherwise agreed.

These guidelines emphasize the importance of consistent parenting time, responsible decision-making, and prioritizing the child's best interests during schedule adjustments.

 

Guidelines for Overnight Stay

The provisions regarding overnight parenting time stipulate that, unless the custodial parent can demonstrate that the noncustodial parent has not regularly cared for the child, parenting time should include overnights. However, if the noncustodial parent hasn't previously undertaken regular care responsibilities, overnights should not be included before the child turns three, except in specific circumstances. The assumptions underlying these provisions include both parents being fit, having bonded with the child, being willing to parent, and maintaining mutual respect. Lack of contact may necessitate a phased-in approach, possibly involving an evaluation by a neutral party. Age categories are provided as estimates, and when families have children of different ages, efforts should be made to keep them together during parenting time, adjusting for the younger child's standards. Non-traditional work schedules should be accommodated by substituting weekday parenting time for designated weekends. Various factors, such as the length of cohabitation, previous overnight experiences, medical conditions, housing arrangements, and parental involvement in daily activities, are considered in determining the exercise of "regular care responsibilities."

 

Guidelines for Infant and Toddlers

In the early infancy stage, from birth to four months, parenting time involves three non-consecutive days per week, each lasting two hours, with additional two-hour sessions on holidays. Overnight stays are permitted if the noncustodial parent has previously undertaken regular care responsibilities, limited to one 24-hour period per week. For infants aged five to nine months, three non-consecutive days per week are allocated, with three hours per day and return an hour before bedtime. Holidays follow a similar schedule, and overnight stays are permissible under the same conditions. In later infancy, from ten months to 36 months, the parenting time gradually extends, incorporating longer durations and overnight stays as the child grows and becomes accustomed to the routine. The guidelines aim to ensure stability and minimize disruption to the infant's established routine. Additionally, a provision allows for a shortened parenting time stage if the noncustodial parent has consistently exercised scheduled parenting time for at least nine continuous months within the 19 to 36-month period, emphasizing the importance of the infant's developmental readiness for such transitions.

 

Guideline for Children Aged 3 Years and Older

For children aged 3 years and older, regular parenting time includes alternating weekends from Friday at 6:00 P.M. until Sunday at 6:00 P.M., one mid-week evening for up to four hours, and all scheduled holidays. If the distance is reasonable, the mid-week period may extend to an overnight stay, with the noncustodial parent responsible for morning routines. Extended parenting time for children aged 3 through 4 allows the noncustodial parent up to four non-consecutive weeks during the year, with advance notice. For children aged 5 and older, one-half of the summer vacation is allocated, either consecutively or split, with notice given by April 1 each year. If a child attends a school with a year-round calendar, parenting time is adjusted accordingly. During extended summer periods, the custodial parent benefits from the regular parenting time schedule unless impracticable due to distance. The selection of summer parenting time does not affect the Holiday Parenting Time Schedule, ensuring both parents have equal access during holidays.

 

Parenting Time for Adolescents and Teenagers

For adolescents and teenagers, regular parenting time involves alternating weekends, holiday periods, and extended time during the summer. Adolescence is emphasized as a critical developmental stage where both parents play a vital role. The connection to the family is highlighted as the most significant factor in keeping a teenager safe, and parents are urged to spend quality time, teach life skills, and help balance independence with active family participation. Various anchors of adolescence, such as time spent with each parent, siblings, emphasis on values, and interactions with friends, are discussed. Decision-making involving a teenager is explored, emphasizing parental agreement and avoiding using the child as a "tie breaker." Special considerations, like accommodating academic and extracurricular activities, are noted. The commentary stresses the importance of adapting parenting plans to the evolving needs of teenagers and maintaining regular involvement of both parents, even when living apart, providing an illustrative example to demonstrate effective co-parenting through a challenging schedule.

 

Holiday Parenting Time Schedule

The Holiday Parenting Time Schedule takes precedence over regular and extended parenting time, with alternating weekends maintained throughout the year. If a parent misses a regular weekend due to the other parent's holiday, it is lost, but if two consecutive weekends result from a holiday, the parent gains the third weekend. The schedule covers special days like Mother's Day, Father's Day, child's birthday, parent's birthday, and Christmas vacation. Christmas vacation is split between parents in even and odd-numbered years. Holidays such as Martin Luther King Day, Presidents' Day, Memorial Day, Labor Day, Thanksgiving, Spring Break, Easter, Fourth of July, Fall Break, and Halloween are alternated between parents based on even or odd-numbered years. Religious holidays can be added by mutual agreement without affecting Christmas vacation but may impact Christmas Day and Easter parenting time. The commentary encourages flexibility and cooperation in creating a fair holiday visitation schedule that accommodates diverse religious celebrations over a two-year period.

 

Parenting Time When Distance is a Major Factor

1. General Rules: The general rules of parenting time apply, considering factors like employment schedules, travel costs, financial situations, and visitation frequency.
2. Efforts for Reasonable Schedule: Parents should make every effort to establish a reasonable parenting time schedule.
3. Parenting Time Schedule for Different Age Groups:
   • Child Under 3 Years: Noncustodial parent may have up to two five-hour periods each week in the custodial parent's community.
   • Child 3 and 4 Years: Up to six one-week segments annually, with each segment separated by at least six weeks, and no segment exceeding eight days.
   • Child 5 Years and Older: Seven weeks of the school summer vacation period, seven days of the school winter vacation, and the entire spring break, arranged to allow custodial parent religious holidays in alternate years.
4. Adjustment for Year-Round School Calendar: If the child attends a school with a year-round calendar, parenting time should be adjusted to ensure an equivalent amount of time spent together.
5. Priority of Summer Visitation: Summer parenting time takes precedence over summer extracurricular activities when scheduling conflicts arise.
6. Extended Parenting Time Notice: Noncustodial parent must notify the custodial parent of their selected parenting time by April 1 each year. Otherwise, the custodial parent makes the selection.
7. Special Notice of Availability: Liberal parenting time is allowed when the noncustodial parent is in the child's area or vice versa. Parents should provide advance notice of such opportunities.

 

Shared Parenting Guidelines

What is Shared Parenting

Shared parenting is an arrangment among two individiuals who want shared responsibility of a child.  It has the following characteristics:

• Helpful for parents seeking organized sharing of responsibilities despite personal separation.
• Requires agreement and cooperation for success.
• Judges need to conduct an independent inquiry to ensure standards predicting Shared Parenting success are met.
• Shared Parenting aims for active involvement of both parents in the child's day-to-day life.

 

Two Houses, One Home

• Emphasizes the importance of creating a feeling of "home" in both residences for the child.
• A degree of comfort and routine is crucial for the child to feel "at home" in both places.
• Rewards include a focus on growth and development, less adaptation, and relaxed living.

 

Factors Helpful in Determining Shared Parenting Capacity

• Related to the Child:
  • Considerations based on the child's age, temperament, and developmental needs.
  • Benefits of Shared Parenting for the child's physical, educational, and emotional needs.
• Related to the Parent:
  • Motivations and interests of the parent in child-rearing.
  • Interest in the work of raising children and a generally peaceful relationship with the child.
  • Factors detracting from the parent's time and attention.
• Related to the Parent-Child Relationship:
  • Gains for the child in a highly engaged Shared Parenting arrangement.
  • Positive relational qualities exhibited by each parent.
  • History of risk to the child and parental collaboration.
• Related to Co-Parenting Relationship:
  • Handling disagreements and managing conflicts.
  • Potential for ongoing gate-keeping and impact on parental mental health.
  • Parents' responsiveness to each other.
• Environmental Factors:
  • The ability of Shared Parenting to increase actual time a child is cared for by each parent.
  • Financial implications: whether Shared Parenting saves or drains family resources.
  • Balancing the demands of Shared Parenting with other needs of the child.

The ultimate goal of Shared Parenting is to foster the healthiest bond between the child and both parents, requiring commitment, cooperation, and a conducive environment. Factors related to the child, parent, parent-child relationship, co-parenting relationship, and environmental factors all play a role in determining the capacity for successful Shared Parenting.  Before entering a shared parenting relationship, you should determine if it is the right option for you.

 

Parenting Guidelines for High Conflict Co-parents

Parenting coordination is a court-ordered process designed for high-conflict parties, offering a child-focused dispute resolution. The appointed Parenting Coordinator manages conflicts, shifts focus to the child's needs, and educates parents on decisions in the child's best interest. Key provisions include:

• Qualifications and Appointment:
  • Parenting Coordinators must be registered Indiana Domestic Relations Mediators.
  • Appointment occurs either by agreement or court order, specifying scope, and responsibilities.
  • Court may appoint a Coordinator post-parenting time order, considering the child's best interest.
• Responsibilities of the Parenting Coordinator:
  • Assessment of family and litigation history, educating parents, and facilitating conflict management.
  • Compliance with court orders, communication with parties and the court, and review of pertinent documents.
  • No ex parte communication, no legal advice offered, and duty to report child abuse or neglect.
• Reports, Recommendations, and Court Action:
  • Written agreements seeking modification must be submitted to the court within 20 days.
  • Recommendations not agreed upon may be submitted as a written report to the court.
  • Parties can file objections, and the court can adopt, reject, or take no immediate action on recommendations.
• Confidentiality:
  • Communications in parenting coordination are not confidential, complying with court record rules.
  • No intention to establish privileged communications.

These guidelines ensure a structured and focused approach to parenting coordination, emphasizing the child's well-being and providing a framework for resolution in high-conflict situations.

 

Custody and Parenting Time During a Public Health Emergency

Existing court orders for custody and parenting time stay in effect during a public health emergency. Parties are urged to be flexible and cooperate for the children's best interests and health.

1. School Calendar: Custody and parenting time follow the school calendar established at the academic year's start or as later amended. School closures during a public health emergency do not impact custody and parenting time.
2. Transportation: Transportation adheres to the custody order or agreement, unless Executive Orders restrict it during the emergency.
3. Temporary Modification: If all parties agree to temporarily modify a court order due to a public health emergency, they must do so in writing and gain court approval for enforceability. If no agreement is reached, any party can file a petition to modify the existing order
4. Child Support: Existing court orders for child support remain, even if county child support offices have limited access. Payments can be made online, by phone, by mail, or at alternative locations. Parents facing difficulties due to the emergency can file a petition to modify child support.
5. Filing Documents: Agreements, petitions, or motions should be filed electronically for prompt review. Filings by attorneys on behalf of a party are made by the attorney.

 

Forgoing parenting time due to health concerns during a public health emergency is not a voluntary relinquishment. Parents acting in the child's best interest under dangerous conditions, such as a pandemic, can seek "make-up" time in the future. The exercise of "make-up" time may vary based on the severity and duration of the conditions.

 

Information Exchange Guidelines

Effective communication and information exchange are crucial for co-parenting. Parents must actively seek information about their child from various service providers to prevent inconvenience or harm to the child.

1. School Records: Both parents, as per Indiana law, have direct access to their child's school records. Parents are responsible for obtaining this information independently and should not hinder the other parent's communication with school personnel. The noncustodial parent should be listed as an emergency contact unless there are specific endangerment concerns.
2. School Activities: Parents must promptly inform each other about school activities not accessible to the other parent. The parent with parenting time is responsible for transporting the child to these activities, ensuring the child's participation is not denied based on the parent's availability.
3. Other Activities: Notification about organized events and parental participation opportunities in the child's life is essential. Parents should not interfere with each other's involvement, and the parent during whose time an event occurs should provide transportation.
4. Health Information: Both parents have direct access to the child's medical and mental health records. The custodial parent must communicate ongoing evaluations or treatments and notify the other parent of medical emergencies. The custodial parent should provide necessary medications and authorizations for information release as required by the health care provider.
5. Insurance: The parent with health insurance coverage for the child must share current insurance cards, benefit explanations, and a list of approved healthcare providers with the other parent. Any required forms from the insurance company should also be provided.

These guidelines underscore the importance of shared information, encouraging parental involvement in the child's education, activities, health, and ensuring access to essential records and services.

 

Dispute Resolution

1. Disagreements: Parents must actively discuss and attempt to resolve any disagreements regarding parenting time before resorting to court action.
2. Mediation: If court action is initiated, parents are required to participate in mediation, unless the court orders otherwise.
3. Child Hesitation: If a child hesitates about parenting time, both parents must ensure the child complies with the schedule. The child should not be allowed to make the decision on whether parenting time takes place.
4. Withholding Support or Parenting Time: Neither parenting time nor child support should be withheld due to a parent's failure to comply with a court order. Only the court can impose sanctions for noncompliance.
5. Enforcement of Parenting Time:
   • Contempt Sanctions: Violations of court orders may lead to contempt sanctions, including fines, imprisonment, or community service.
   • Injunctive Relief: A noncustodial parent denied parenting time despite regular support payments can file for an injunction under Indiana law.
6. Criminal Penalties: Interference with custody or visitation rights may be considered a crime under Indiana law.
7. Attorney Fees: In court actions related to parenting time orders, the court may award reasonable attorney fees and expenses. Factors considered include whether a parent substantially prevailed, whether the violation was intentional, and whether the legal action was frivolous or vexatious.

 

Relocation of a Co-parent

A parent intending to change residence must provide a 30-day advance notice to the other parent. Indiana law mandates specific details in the notice, including the new address, phone numbers, proposed move date, reasons, and a new parenting time schedule.

 

Related: Parenting Time Calculator

Warning:  This post is neither financial, health, legal, or personal advice nor a substitute for the advice offered by a professional. These are serious matters, and the help of a professional is recommended as it can impact your future.