Indiana Parenting Time Guidelines 2013

Changes to the Indiana Parenting Time Guidelines were approved by the Indiana Supreme Court.  The approved Guidelines went into effect on March 1, 2013.  Here is a link to the Supreme Court Order amending the Indiana Parenting Time Guidelines effective 2013.  Below is a discussion of the Guidelines.  

Importantly, existing parenting time orders in effect on March 1, 2013 shall be enforced according to the parenting time guidelines that were in effect on the date the parenting time order was issued. Also, changes to the Indiana Parenting Time Guidelines does not alone constitute good cause for amendment of an existing parenting time visitation order; however, a court or parties to a proceeding may refer to these guidelines in making changes to a parenting time order after the effective date of the guidelines.  The commentary to the new Guidelines suggests that parents who agree that current changes to the Indiana Parenting Time Guidelines are in their child’s best interests should file their written agreement with the court for approval.

There are significant changes to the Guidelines, far too many for one posting.  Here is a list of some of the most significant changes:

• The use of calendars and parenting plans is strongly encouraged.
• The Guidelines are the minimum amount of time and not a default:  "Because the parenting time guidelines are minimum standards, it is recommended parents and courts not “default” to these guidelines in lieu of a consideration of the best parenting time plan."
• Strongly states that children are not to make parenting time decisions. 
• A list of the unacceptable reasons to deny parenting time.
• Clarifying the hierarchy between Summer and Holiday parenting time. 
• Requires all notices of Summer parenting time to be given in writing and verbally. 
• Suggests access to "technologically advanced communications systems" such as video chat and Skype. 
• Sometimes, due to holiday parenting time, a parent may have 3 weekends in a row. 
• Fall break, MLK and President's Day are added to the Holiday schedule. 
• New Year's Eve and New Year's Day have been dropped from the Holiday Schedule. 
• The Winter Break schedule has been redefined and split equally. 
• A suggestion that parents split Fall and Spring vacation breaks on balanced school calendars equally.
• Parallel Parenting is introduced.  There is a model order for parallel parenting. 
• "High Conflict" is defined.  Parallel parenting and parenting coordination are offered as resources to assist where "high conflict" persists. 

To discuss this please contact me. To see all of my postings on this topic search here

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Summer Parenting Time - Indiana Parenting Time Guidelines 2011

For parents who follow the Indiana Parenting Time Guidelines the summer parenting time schedule is often different than school year parenting time schedule.  This posting will discuss how the Indiana Parenting Time Guidelines generally deal with summer, and how conflicts between holidays, vacations and regular parenting are resolved.  To discuss this further please contact me. 

For children over five (5) years old the Guidelines provide that each parent is entitled to one-half of the summer vacation. The time may be either consecutive or split into two (2) segments.

The noncustodial parent must give notice to the custodial parent of his/her selection of parenting time by April 1 of each year.  If such notice is not given, the custodial parent can make the selection.  In making the summer selection it is important to remember that holiday parenting time shall take precedence over summer parenting time; therefore, if it is a parent’s year to have the 4^th of July holiday, that parent’s holiday parenting time shall take precedence over the summer parenting time schedule.

Even while summer parenting time schedule is ongoing “regular” parenting time still may occur.  During any extended summer period of more than two (2) consecutive weeks with the non-custodial parent, the custodial parent shall have the benefit of the regular parenting time schedule (generally, every other weekend and one evening per week), unless impracticable because of distance created by out of town vacations. 

Similarly, during the summer period when the children are with the custodial parent for more than two (2) consecutive weeks, the non-custodial parent's regular parenting time continues, unless impracticable because of distance created by out of town vacations. 

As to the summer parenting time, notice of an employer's restrictions on the vacation time of either parent shall be delivered to the other parent as soon as that information is available. In scheduling parenting time the employer imposed restrictions on either parent's time shall be considered by the parents in arranging their time with their child.

Where a child attends year-round school, the periodic breaks should be divided equally between the parents, and if a child attends summer school, the parent exercising parenting time shall be responsible for the child's transportation to and attendance at school.

However, where distance is a major factor, the Indiana Parenting Time Guidelines recommend the following:

Child 5 Years of Age and Older. For a child 5 years of age and older, seven (7) weeks of the school summer vacation period and seven (7) days of the school winter vacation plus the entire spring break, including both weekends if applicable. Such parenting time, however, shall be arranged so that the custodial parent shall have religious holidays, if celebrated, in alternate years.


Priority of Summer Visitation. Summer parenting time with the non-custodial parent shall take precedence over summer activities (such as Little League) when parenting time cannot be reasonably scheduled around such events. Under such circumstances, the non-custodial parent shall attempt to enroll the child in a similar activity in his or her community.

Extended Parenting Time Notice. The noncustodial parent shall give notice to the custodial parent of the selection by April 1 of each year. If such notice is not given, the custodial parent shall make the selection.

We have previously written about the revisions to the Guidelines.  When the Indiana Parenting Time Guidelines are revised it is likely that there will be changes made to the provisions related to the summer parenting time.   

Grandparent's Visitation Rights - Indiana Custody and Visitation Law

This is post addresses the scope of Grandparent's Visitation Rights in Indiana, and the standard to be applied by the court in determining Grandparent's Visitation Rights in Indiana.

Without a court order a grandparent does not have a presumptive right to visitation with a grandchild.  In other words, unless allowed by a parent, a grandparent can't demand certain times with a child.
In Indiana, a grandparent may seek a visitation order with child only if (1) the child's parent is deceased; (2) the child's parents are divorced; or (3) the child was born out of wedlock, but only if the child's father has established paternity. I.C. § 31-17-5-1. 







A court may grant visitation if it determines that “visitation rights are in the best interests of the child.” I.C. § 31-17-5-2. When a court enters an order granting or denying grandparent visitation, it is required to set forth findings of fact and conclusions of law. McCune v. Frey, 783 N.E.2d 752, 757 (Ind.Ct.App.2003). And, in those findings and conclusions, the court must address: 
    (1) the presumption that a fit parent acts in his or her child's best interests; 
    (2) the special weight that must be given to a fit parent's decision to deny or limit visitation; 
    (3) whether the grandparent has established that visitation is in the child's best interests; and 
    (4) whether the parent has denied visitation or has simply limited visitation. 
In re Guardianship of J.E.M., 870 N.E.2d 517, 520 (Ind.Ct.App.2007).


Finally, a grandparent cannot reasonably expect to receive a visitation order that gives them substantial time.   The Indiana Supreme Court recently recognized that  "that although the amount of visitation is left to the sound discretion of the trial court, “[t]he Grandparent Visitation Act contemplates only ‘occasional, temporary visitation’ that does not substantially infringe on a parent's fundamental right ‘to control the upbringing, education, and religious training of their children.’ ”KI ex rel. JI v. JH, 903 NE 2d 453 (Ind.2009) 


UPDATE - there are presently bills before both house to alter GP's visitation law.  Here is a link to the senate bill.  Feel free to post your comments and concerns.