Enforcing Parenting Time Arrangements
If a custodial parent is continually interfering with parenting time, the
court may order the custodial parent to post a security bond or other
guarantee to enforce the order. In certain situations, if a custodial
parent violates a parenting order, the court may find the custodial parent
in contempt, award makeup time, implement a jail sentence, and award reasonable
attorney fees and court costs.
If the non-custodial parent has been convicted of a crime involving
domestic violence that the child witnessed, there is a rebuttal presumption that the court
shall order supervised parenting time. In this situation, the court must
order the non-custodial parent’s parenting time to be supervised
for no less than one year and no more than two years following the crime
or until the child becomes emancipated, whichever comes first.
Parenting Time Guidelines in Indiana
On August 26, 2013, the Indiana Supreme Court released the latest version
of the Indiana Parenting Time Guidelines. The Indiana Parenting Time Guidelines
apply to all
child custody situations and represent the minimum time a non-custodial parent should
spend with a child when the parents are unable to reach their own agreement.
Parents are encouraged to create their own parenting schedule with reduced
or additional parenting time, which is in the best interest of the child.
The Indiana Parenting Time Guidelines have general rules to help parents address:
- Communicating parenting time issues or concerns
- Implementing parenting time
- Changes in scheduled parenting time
- How to exchange information and resolve problems
In addition, the Indiana Parenting Time Guidelines set forth specific parenting
time provisions for overnight parenting time, infants and toddlers, children
three years of age and older, adolescents and teenagers, and holiday parenting
time. As children get older, the Indiana Parenting Time Guidelines provide
the non-custodial parent with increased parenting time.
For example, an eight-year-old would spend alternating weekends from Friday
at 6:00 P.M. until Sunday at 6:00 P.M., every Wednesday for four hours
(possibly an overnight), all scheduled holidays, and half of summer vacation.
By April 1, the non-custodial parent is required to notify the custodial
parent of their summer vacation selection. If a selection is not made,
the custodial parent shall make the selection and notify the non-custodial parent.
The Indiana Parenting Time Guidelines also discuss parenting time when
distance is a factor. For example, an 8-year-old who attends a school
with a traditional school calendar would spend seven weeks of school summer
vacation, seven days of winter vacation, and the entire spring break –
including both weekends – with the non-custodial parent. By April
1, the non-custodial parent is required to provide their selection for
Parallel parenting is highlighted in the last section of the Indiana Parenting
Time Guidelines. This is a deviation from the aforementioned sections
and is exercised when parents have exhibited a pattern of high conflict
that jeopardizes the child’s well-being. Parallel parenting reduces
the parents’ interaction until their hostility is reduced and they
can work together for the best interest of the child.
Parents are encouraged to create their own parenting time schedules that
address their circumstances and their child’s needs. However, if
an agreement is not reached, the court will create a schedule that is
perceived to be in the best interest of the child.
Contact Hains Law, LLC Today
Custody matters can be complicated and emotionally draining. If you are facing
divorce and are in need of a lawyer with experience navigating parenting time
disputes, turn to Hains Law, LLC. With over a decade of experience, our
Carmel parenting time attorney can help you resolve your case effectively
while protecting your child’s best interests.
Get in touch with us today by calling
(317) 588-2883 or
contacting us online.