• Embed Doc
  • Copy Link
  • Readcast
  • Collections
  • 3
    CommentGo Back
Download
 
0
Indiana Parenting Time Guidelines
 Including Amendments Received Through January 1, 2008
Table of Contents
Preamble............................................................................................................................................. 1Scope of Application............................................................................................................................ 2 A Child’s Basic Needs.......................................................................................................................... 3I.General Rules Applicable To Parenting Time........................................................................ 4 A.Communications......................................................................................................... 4B.Implementing Parenting Time................................................................................... 5C.Changes In Scheduled Parenting Time...................................................................... 7D.Exchange Of Information.......................................................................................... 8E.Resolution Of Problems........................................................................................... 10II.Specific Parenting Time Provisions...................................................................................... 12 A.Infants And Toddlers................................................................................................ 13B.Child 3 Years Of Age And Older............................................................................... 16C.Parenting Time For The Adolescent And Teenager................................................. 17D.Holiday Parenting Time Schedule............................................................................ 21III.Parenting Time When Distance Is A Major Factor.............................................................23Index To Parenting Time Guidelines................................................................................................ 25
 
1
PREAMBLE
The Indiana Parenting Time Guidelines are based on the premise that it is usually in a child’s best interest to have frequent, meaningful and continuing contact with eachparent. It is assumed that both parents nurture their child in important ways, significantto the development and well being of the child. The Guidelines also acknowledge thatscheduling parenting time is more difficult when separate households are involved andrequires persistent effort and communication between parents to promote the bestinterest of the children involved. The purpose of these guidelines is to provide a model which may be adjusted depending upon the unique needs and circumstances of eachfamily. These guidelines are based upon the developmental stages of children. Themembers of the Domestic Relations Committee of the Judicial Conference of Indianadeveloped the guidelines after reviewing the current and relevant literature concerning visitation, the visitation guidelines of other geographic areas, and the input of childdevelopment experts and family law practitioners. Committee members also relied upondata from surveys of judges, attorneys, and mental health professionals who work withchildren, reviews of court files, and a public hearing. A child whose parents live apart has special needs related to the parent-childrelationship. A child’s needs and ability to cope with the parent’s situation change as thechild matures. Parents should consider these needs as they negotiate parenting time.They should be flexible and create a parenting time agreement which addresses theunique needs of the child and their circumstances. The Indiana Parenting TimeGuidelines are designed to assist parents and courts in the development of plans andrepresent the minimum time a parent should have to maintain frequent, meaningful, andcontinuing contact with a child.
Commentary 1. Use of Term “Parenting Time.” 
Throughout these Guidelines the words“parenting time”have been used instead of the word “visitation” so as toemphasize the importance of the time a parent spend with a child. The concept that a non-custodial parent “visits” with a child does not convey the reality of thecontinuing parent-child relationship.
 
2
 2. Minimum Time Concept.
The concept that these Guidelines represent theminimum time a non-custodial parent should spend with a child should not beinterpreted as a limitation of time imposed by the court. They are not meant to foreclose the parents from agreeing to, or the court from granting, suchadditional or reduced parenting time as may be reasonable in any given case. Inaddressing all parenting time issues, both parents should exercise sensibility, flexibility and reasonableness.
 3. Purpose of Commentary Following Rule.
Throughout these Guidelinesmany of the rules are followed by a commentary further explaining the rule orsetting forth the child centered philosophy behind the rule. The commentary isnot an enforceable rule but provides guidance in applying the rule.
SCOPE OF APPLICATION1.Generally.
These Guidelines are applicable to all child custody situations,including paternity cases and cases involving joint legal custody where one person hasprimary physical custody. However, they are not applicable to situations involvingfamily violence, substance abuse, risk of flight with a child, or any other circumstancesthe court reasonably believes endanger the child’s physical health or safety, orsignificantly impair the child’s emotional development.
Commentary
Variance from the Indiana Parenting Time Guidelines does not alone constitutegood cause for amendment of an existing 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.
2.Presumption.
There is a presumption that the Indiana Parenting TimeGuidelines are applicable in all cases covered by these guidelines. Any deviation fromthese Guidelines by either the parties or the court must be accompanied by a writtenexplanation indicating why the deviation is necessary or appropriate in the case.
Commentary
The written explanation need not be as formal as Findings of Fact and Conclusions of Law; however, it must state the reason(s) for the deviation.
of 00

Leave a Comment

You must be to leave a comment.
Submit
Characters: ...
Mary Swingley

how can an ex-husband get away with taking me to court about every 6 months? he lies to his attorney and lies in court. i have lived in ohio with our son since 2006, he has nothing to do with our son, nor does he care about him. he is an abusive and out of control with his life. its always been a battle with him, even after our divorce. very frustrating.

reply06 / 28 / 2011
danlane

if Indiana Is representing you stay in that state because right or wrong you will win.I know they say they represent the child but they have been reprsenting my ex for years.My 2 sons are in their thirties and have at least one child each I know this for when the good state of Indiana took me to court in 2004 they both had girllfriends expecting I think the oldest was married you see my ex would not let me see them I have seen them 2 times in about thirty years.When we got the letter in 2004 it said my ex-wife thought it was taking too long to pay the back support and you have to realize that in 2004 both sons did not go to any kind of school and both were over the age of 21.So I guess if your kid is fifty and your ex say you owe Indiana is the state to be in because they can take you to cousrt and five years later change their mind and here we go again No one can beleive that I am 54 years old and have out of the service with 23 years of serving my country.I have not missed a back child support payment since 1992 and now after saying they could not get my federal tax refund in 2004 as long as I made the payments on what was agreed to in Indiana Well five years later they changed teir mind and now they are taking my income tax return.And they can say what they want there is no children involved in this it is my ex-wife and the Noble county prosecutor doing this.So all I can say is SARAH27 I hope the prosecutor is on your side if not I will pray for you BECAUSE YOU ARE GOING TO NEED IT>

reply01 / 30 / 2009
SARAH27

I HAD TO HAVE AN ORDER OF PROTECTION SERVED ON MY EX-HUSBAND. HE WAS ALWAYS FOLLOWING ME, AT WORK AND WHEREVER HE COULD FIND ME. HE HAS USED OUR CHILD TO FIND OUT WHATEVER HE COULD ABOUT ME. HE HAS ALSO TOLD OUR CHILD SO MANY LIES ABOUT ME, CALLED ME HORRIBLE NAMES ALL DIRECTLY TO OUR SON. I HAVE NEVER, AND WILL NEVER SAY ANYTHING BAD ABOUT MY EX IN FRONT OF OUR SON. THAT IS BAD PARENTING, AND VERY HARMFUL TO A CHILD. WHEN MY EX WAS SERVED HIS PAPERS, OUR SON WAS WITH HIM. HE HAS NOT LET OUR SON CONTACT ME IN ANY WAY. IT HAS BEEN 5 DAYS SINCE I HAVE SEEN OUR SON. WE HAVE TO WAIT FOR A COURT DATE TO BE SET. ANY MOTHER OR FATHER OUT THERE, CAN UNDERSTAND HOW THIS IS KILLING ME. I HAVE ALWAYS HAD MY SON AT LEAST 90% OF THE TIME, SINCE OUR DIVORCE. ANY HELPFUL ADVICE, OR COMFORTING WORDS WOULD BE GREAT. -SARAH27

reply05 / 31 / 2008
You must be to leave a comment.
Submit
Characters: ...