Visitation
Visitation and Parenting Time
Issues concerning visitation and parenting time are governed by the Indiana Parenting Time Guidelines and Indiana child custody laws. These issues arise for a multitude of reasons, most notably after a divorce, separation, paternity actions, or a substantial change in circumstances.
Typically, a non-custodial parent is entitled to parenting time or visitation unless a Court has determined that such visitation presents a risk to the child or is not in the best interest of the child. When considering the best interests of the child, such factors include: the fitness and stability of each parent, whether the parents can cooperate with each other, the wishes of a child with more weight being given to children age 14 and older, the relationship between the child and the parents, the geographical location of the parents, and the environment of the home in which the parents live.
A visitation agreement may be modified for a number of reasons including but not limited to the relocation of one parent, the health and safety of the child, the current visitation schedule is being ignored by one parent, the death of a parent, a modification is needed, or there has been a substantial change in circumstances.
Indiana Parenting Time Guidelines set the parameters of proposed parenting time based on the developmental stages of the child. Infants and toddlers, children three (3) years and older, and teenagers are addressed in the parenting time guidelines. Holiday parenting and overnight parenting time are typically set by not only the Indiana Parenting Time Guidelines but by considering the best interests of the child. Please see the Indiana Parenting Time Guidelines preamble below.
Indiana Parenting Time Guidelines 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 each parent. It is assumed that both parents nurture their child in important ways, significant to the development and well-being of the child. The Guidelines also acknowledge that scheduling parenting time is more difficult when separate households are involved and requires persistent effort and communication between parents to promote the best interest of the children involved. The purpose of these guidelines is to provide a model which may be adjusted depending on the unique needs and circumstances of each family. These guidelines are based on the developmental stages of children. The members of the Domestic Relations Committee of the Judicial Conference of Indiana developed the guidelines after reviewing the current and relevant literature concerning visitation, the visitation guidelines of other geographic areas, and the input of child development experts and family law practitioners. Committee members also relied upon data from surveys of judges, attorneys, and mental health professionals who work with children, reviews of court files, and a public hearing.
A child whose parents live apart has special needs related to the parent-child relationship. A child’s needs and ability to cope with the parent’s situation change as the child matures. Parents should consider these needs as they negotiate parenting time. They should be flexible and create a parenting time agreement that addresses the unique needs of the child and their circumstances. Parents and attorneys should always demonstrate a spirit of cooperation. The Indiana Parenting Time Guidelines are designed to assist parents and courts in the development of their own parenting plans. In the event the parties cannot create their own parenting time agreement, these guidelines represent the minimum time a parent should have to maintain frequent, meaningful, and continuing contact with a child.”