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 upon the unique needs and circumstances of each family. These guidelines are based upon 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 which addresses the unique needs of the child and their circumstances. The Indiana Parenting Time Guidelines are designed to assist parents and courts in the development of plans and represent the minimum time a parent should have to maintain frequent, meaningful, and continuing contact with a child.
1. Use of Term Parenting Time.
Throughout these Guidelines the words
parenting time have been used instead of the word visitation so as to
emphasize 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 the continuing parent-child relationship.
2. Minimum Time Concept. The concept that these Guidelines represent the minimum time a non-custodial parent should spend with a child should not be interpreted 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, such additional or reduced parenting time as may be reasonable in any given case. In addressing all parenting time issues, both parents should exercise sensibility, flexibility and reasonableness.
3. Purpose of Commentary Following Rule. Throughout these Guidelines many of the rules are followed by a commentary further explaining the rule or setting forth the child centered philosophy behind the rule. The commentary is not an enforceable rule but provides guidance in applying the rule.
Between Parents . Parents shall at all times keep each
other advised of their home and work addresses and telephone numbers. Notice
of any change in this information shall be given to the other parent
in writing. All communications concerning a child shall be conducted between the
parents. Any communication shall occur at reasonable times and places unless circumstances
require otherwise. A child shall not be used to exchange documents or
financial information between parents.
2. With A Child Generally . A child and a parent shall be entitled to private communications without interference from the other parent. A child shall never be used by one parent to spy or report on the other. Each parent shall encourage the child to respect and love the other parent. Parents shall at all times avoid speaking negatively about each other in or near the presence of the child, and they shall firmly discourage such conduct by relatives or friends.
3. With A Child By Telephone . Both parents shall have reasonable phone access to their child at all times. Telephone communication with the child by either parent to the residence where the child is located shall be conducted at reasonable hours, shall be of reasonable duration, and at reasonable intervals, without interference from the other parent.
If a parent uses an answering machine, voice mail or a pager, messages left for a child shall be promptly communicated to the child and the call returned.
Transportation Responsibilities . Unless otherwise agreed between the parents, the non-custodial
parent shall provide transportation for the child at the start of the scheduled
parenting time and the custodial parent shall provide transportation for the child at
the end of the scheduled parenting time.
2. Distance/Cost As Factors. Where the distance between the parents= residences
is such that extended driving time is necessary, the parents should agree on
a location for the exchange of the child. The cost of transportation should
be shared based on consideration of various factors, including the distance involved, the
financial resources of the parents, the reason why the distances exist, and the
family situation of each parent at that time.
3. Parental Hostility. In a situation where hostility between parents makes
impracticable to exchange a child at the parents = residences, the exchange of the child
should take place at a neutral site.
2. Punctuality . Each parent shall have the child ready for exchange at the beginning and at the end of the scheduled parenting time and shall be on time in picking up and returning the child. The parents shall communicate as early as possible regarding any situation that would interfere with the timely exchange of the child.
3. Clothing . The custodial parent shall send an appropriate and adequate
supply of clean clothing with the child and the non-custodial parent shall return
such clothing in a clean condition. Each parent shall advise the
other, as far in advance as possible, of any special activities so that
the appropriate clothing may be available to the child.
It is the responsibility of both parents to ensure their child is properly clothed. The non-
custodial parent may wish to have a basic supply of clothing available for the child at his or her home.
4. Privacy of Residence . A parent may not enter the residence of the other, except by express invitation, regardless of whether a parent retains a property interest in the residence of the other. Accordingly, the child shall be picked up at the front entrance of the appropriate residence unless the parents agree otherwise. The person delivering the child shall not leave until the child is safely inside.
C. CHANGES IN SCHEDULED PARENTING TIME
Parents should recognize there will be occasions when modification of the existing parenting
schedule will be necessary. Parents should exercise reasonable judgment in their
dealings with each other and with their child. Parents should be flexible
in scheduling parenting time and should consider the benefits to the child of
frequent, meaningful and regular contact with each parent and the schedules of the
child and each parent.
1. Scheduled Parenting Time To Occur As Planned. Parenting time is
both a right and a responsibility, and scheduled parenting time shall occur as
planned. If a parent is unable to provide personal care for the
child during scheduled parenting time, then that parent shall provide alternate child care
or pay the reasonable costs of child care caused by the failure to
exercise the scheduled parenting time.
Parents should understand it is important for a child to experience consistent and
ongoing parenting time . A child is entitled to rely on spending time
with each parent in a predictable way and adjusts better after a routine
has been established and followed. A parent who consistently cancels scheduled parenting
time sends a very harmful message to the child that the child is
not a priority in that parents life. In addition to disappointing a child,
the voluntary cancellation of scheduled parenting time by one parent may interfere with
the plans of the other parent or cause the other parent to incur
child care and other costs .
2. Adjustments to Schedule / Make Up Time. Whenever there is a need to adjust the established parenting schedules because of events outside the normal family routine, the parent who becomes aware of the circumstance shall notify the other parent as far in advance as possible. Both parents shall then attempt to reach a mutually acceptable adjustment to the parenting schedule.
The rule providing for opportunities for additional parenting time promotes the concept that
a child receives greater benefit from being with a parent rather than a
child care provider. It is also intended to be practical. When
a parents work schedule or other regular recurring activities require hiring a child
care provider, the other parent should be given the opportunity to provide the
care. Distance, transportation or time may make the rule impractical. Parents
should agree on the amount of child care time and the circumstances that
require the offer be made.
D. EXCHANGE OF INFORMATION
A child may suffer inconvenience, embarrassment, and physical or emotional harm when parents fail to actively obtain and share information. Parents should take the initiative to obtain information about their child from the various providers of services.
Other Activities . Each parent shall promptly notify the other parent
of all organized events in a child=s life which permit parental and family
participation. A parent shall not interfere with the opportunity of
the other parent to volunteer for or participate in a child=s activities.
A child is more likely to enjoy these experiences when supported by both parents. Each parent should have the opportunity to participate in other activities involving the child even if that activity does not occur during his or her parenting time. This includes activities like church functions, athletic events, scouting, school photographs, etc.
4. Health Information . If a child is undergoing evaluation or treatment, the custodial parent shall communicate that fact to the non-custodial parent.
Each parent shall immediately notify the other of any medical emergencies or illness of the child that requires medical attention.
Under Indiana law, both parents are entitled to direct access to their child
medical records, Indiana Code ' 16-39-1-7; and mental health records, Indiana Code '
4. Insurance . A parent who has insurance coverage on the child shall supply the other parent with current insurance cards, an explanation of benefits, and a list of insurer-approved or HMO-qualified health care providers in the area where each parent lives. If the insurance company requires specific forms, the insured parent shall provide those forms to the other parent.
E. RESOLUTION OF PROBLEMS
1. Disagreements Generally. When a disagreement occurs regarding parenting time and the requirements of these Guidelines, both parents shall make every effort to discuss options, including mediation, in an attempt to resolve the dispute before going to court.
2. Mediation . If court action is initiated, the parents shall enter into mediation unless otherwise ordered by the court.
Parents should inquire why a child is reluctant to spend time with a
parent. If a parent believes that a child
=s safety is compromised in
the care of the other parent, that parent should take steps to protect
the child, but must recognize the rights of the other parent. This
situation must be promptly resolved by both parents. Family counseling may be
appropriate. If the parents cannot resolve the situation, either parent may seek
the assistance of the court.
4. Relocation . When either parent considers a change of residence, reasonable advance notice of the intent to move shall be provided to the other parent so they can discuss necessary changes in the parenting schedule as well as the allocation of transportation costs in exercising parenting time which may result from the move.
5. Withholding Support or Parenting Time . Neither parenting time nor child
support shall be withheld because of either parent=s failure to comply with a
court order. Only the court may enter sanctions for noncompliance. A
child has the right both to support and parenting time, neither of which
is dependent upon the other. If there is a violation of either
requirement, the remedy is to apply to the court for appropriate sanctions.
SPECIFIC PARENTING TIME PROVISIONS
The best parenting plan is one created by parents which fulfills the unique
needs of the
child and the parents. The specific provisions which follow are designed to assist parents and the court in the development of a parenting plan. They represent the minimum recommended time a parent should have to maintain frequent, meaningful, and continuing contact with a child.
1. Assumptions. The provisions identify parenting time for the non-custodial parent
and assume that one parent has sole custody or primary physical custody of a child,
4. Multiple Children of Different Ages. When a family has children
of different ages, the presumption is that all the children should remain together
during the exercise of parenting time. However, the standards set for a
young child should not be ignored, and there will be situations where not
all of the children participate in parenting time together. On the other
hand, when there are younger and older children, it will generally be appropriate
to accelerate, to some extent, the time when the younger children move into
overnight or weekend parenting time, to keep sibling relationships intact.
5. Non-traditional Work Schedules. For parents with non-traditional work schedules, who
may regularly work weekends, weekday parenting time should be substituted for the weekend
time designated in these rules. Similar consideration should also be given to
parents with other kinds of non-traditional work hours.
A. INFANTS AND TODDLERS
The first few years of a child=s life are recognized as being critical to that child=s ultimate development. Infants (under eighteen months) and toddlers (eighteen months to three years) have a great need for continuous contact with the primary care giver who provides a sense of security, nurturing and predictability. It is thought best if scheduled parenting time in infancy be minimally disruptive to the infant=s schedule.
1. Both Parents Necessary. It is critical that a child be afforded ample opportunity to bond with both parents. A young child thrives when both parents take an active role in parenting. There is a positive relationship between the degree of involvement of mothers and fathers and the social, emotional, and cognitive growth of a child. Both parents can care for their child with equal effectiveness and their parenting styles may make significant contributions to the development of the child. Parents, therefore, must be flexible in creating for each other opportunities to share both the routine and special events of their child=s early development.
2. Frequency Versus Duration. Infants and young children have a limited but
evolving sense of time. These children also have a limited ability to recall persons not directly in front of them. For infants, short frequent visits are much better than longer visits spaced farther apart. From the vantage point of the young child, daily contact with each parent is ideal. If workable, it is recommended that no more than two days go by without contact with the noncustodial parent. A parent who cannot visit often may desire to increase the duration of visits but this practice is not recommended for infants. Frequent and predictable parenting time is best.
1. Overnight Parenting Time . Unless it can be demonstrated that the
non-custodial parent has not had regular care responsibilities for the child, parenting time
shall include overnights. If the non-custodial parent has not previously exercised regular
care responsibilities for the child, then parenting time shall not include overnights prior
to the child=s third birthday, except as provided below.
When a very young child is accustomed to receiving regular, hands-on care from
both parents, the child should continue to receive this care when the parents
separate. Regardless of custodial status, a parent who has regularly cared for
the child prior to separation should be encouraged to exercise overnight parenting time.
When a parent has not provided regular hands-on care for the child
prior to separation, overnight parenting time is not recommended until the parent and
the child have developed a predictable and comfortable daytime care taking routine.
2. Parenting Time In Early Infancy (Birth through Age 9
(A) Birth through Age 4 Months:
(2) All scheduled holidays of two (2) hours in length.
(3) Overnight if appropriate under Rule 1 above but not to exceed
one (1) 24 hour period per week.
(B) Age 5 Months through Age 9 Months:
(1) Three (3) non-consecutive days per week of three (3) hours per day.
The child is to be returned at least one (1) hour before evening
(2) All scheduled holidays of three (3) hours in length
. The child is
to be returned at least one (1) hour before evening bedtime.
(3) Overnight if appropriate under Rule 1 above but not to exceed one (1) 24 hour period per week.
3. Parenting Time In Later Infancy (Age 10 Months
through Age 18 Months)
Age 10 Months through Age 12 Months:
(1) Three (3) non-consecutive days per week, with one day on a non-work
day for eight (8) hours. The other days shall be for three
(3) hours each day. The child is to be returned at least one
(1) hour before evening bedtime.
(2) All scheduled holidays for eight (8) hours. The child is to be
returned at least one (1) hour before evening bedtime.
(3) Overnight if appropriate under Rule 1 above but not to exceed one
(1) 24 hour period per week.
Age 13 Months through Age 18 Months:
(1) Three (3) non-consecutive days per week, with one day on a non-work
day for ten (10) hours. The other days shall be for three
(3) hours each day. The child is to be returned at least one
(1) hour before evening bedtime.
(2) All scheduled holidays for eight (8) hours. The child is to be
returned at least (1) hour before evening
Age 19 Months through 36 Months:
(1) Alternate weekends on Saturdays for ten (10) hours and on Sundays for
ten (10) hours. The child is to be returned at
least one hour before bedtime, unless overnight is appropriate under Rule 1.
(2) One (1) day preferably in mid-week for three (3) hours, the child
to be returned at least one (1) hour before evening bedtime, unless
overnight during the week is appropriate under Rule 1.
(3) All scheduled holidays for ten (10) hours. The child is to
be returned one hour before bedtime.
(4) If the non-custodial parent who did not initially have substantial care responsibilities
has exercised the scheduled parenting time under these guidelines for at least nine
(9) continuous months, overnight parenting time may take place.
B. CHILD 3 YEARS OF AGE AND OLDER
1. Regular Parenting Time
(1) On alternating weekends from Friday at 6:00 P.M. until Sunday
at 6:00 P.M. (the times may change to fit the parents = schedules).
(2) One (1) evening per week, preferably in mid-week, for a period of
up to four hours but the
child shall be returned no later than 9:00 p.m.
(3) On all scheduled holidays.
Where the distance from the non-custodial parent =s residence makes it reasonable, the weekday period may be extended to an overnight stay. In such circumstances, the responsibility of feeding the child the next morning, getting the child to school or day care, or returning the child to the residence of the custodial parent, if the child is not in school, shall be on the non-custodial parent.
2. Extended Parenting Time (Child 3 through 4 Years Old)
Up to four (4) non-consecutive weeks during the year beginning at 4:00 P.M.
on Sunday until 4:00 P.M. on the following Sunday, the non-custodial parent to
give sixty (60) days advance notice of the use of a particular week.
If a child attends year-round school, the periodic breaks should be divided equally
between the parents.
If a child attends summer school, the parent exercising parenting time shall be
responsible for the childs transportation to and attendance at school.
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 set forth above, 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 parents regular parenting time
continues, unless impracticable because of distance created by out of town vacations.
Notice of an employers 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 parents time
shall be considered by the parents in arranging their time with their child.
C. PARENTING TIME FOR THE ADOLESCENT AND TEENAGER
1. Regular Parenting Time
. Regular parenting time by the noncustodial parent
on alternating weekends, during holidays, and for an extended time during the summer
months as set forth in the Parenting Time Guidelines (Section II. B.) shall
apply to the adolescent and teenager.
Regular time spent in the company of siblings. Regardless of personalty and
differences, siblings who spend time together can form a family community that can be a tremendous support in adult life. If the children do not create natural opportunities for them to want to do things together, the parents will need to create reasons for this to occur.
Emphasis on worthwhile values. Parent and teens together should invest time in
wholesome activities that teach a teenager important lessons. If a teenager identifies
with worthwhile values, the teen is more likely to have a positive self-image.
Time spent with good friends. A parent=s expectations can influence a teenager=s choice
of friends. Meet your teenager=s friends and their parents and interact with
them as guests in your home. This will increase the likelihood that
your teenager=s friends will be people who are comfortable in the environment that
is good for the teen.
Clear rules that are agreed upon by both parents. As a child matures, it is very important that the teen knows rules of acceptable behavior. The chances of this occurring are much better if both parents agree in these important areas. When parents jointly set the standard of behavior for their teen, the chances of the child accepting those values are greatly increased.
Good decisions/greater freedoms. A teenager who does what is expected should be
offered more freedom and a wider range of choices. It is helpful
if a teenager is reminded of the good decisions that have caused the
teen to be given more privileges. If a teen is helped to
see that privileges are earned and not natural rights he or she will
be more likely to realize that the key to getting more freedom is
to behave well. If rules are not followed, appropriate consequences should result.
A teenager who does not make good use of independence should have
less of it.
3. Decision Making In Parenting A Teenager. The rearing of a teenager requires parents to make decisions about what their teen should be allowed to do, when, and with whom. At the same time, parents who live apart may have difficulty communicating with each other.
If parents are not able to agree, the teenager, who very much wants freedom from adult authority, should never be used as the tie breaker. When parents live apart, it is more likely that a child will be required to make decisions, not as a healthy part of development, but simply to resolve disagreements between the parents.
Mary Jones and John Jones disagree as to whether or not their daughter, Sally,
should study a foreign language in middle school. Mary feels that this early exposure to a foreign language will offer Sally an advantage when she continues this study in high school. John would like Sally to have the opportunity to develop her artistic talents through electives in drawing and painting. The Jones agree that Sally =s success and happiness will in large part be determined by her motivation. They agree that Sally should decide between a foreign language and art, and that they will support whatever decision she makes.
Comment: Mary and John feel that Sally is mature enough to think about what interests her and makes her happy. They feel that an opportunity to do this in choosing an elective will be an important experience for Mary - more important than the relative merits of foreign language or art study to Sally=s academic career. This is a good example of parents agreeing to involve the adolescent in making a decision that resolves their own disagreement.
Tom Smith and Sue Smith cannot come to a visitation agreement. Tom believes their 17 year old son, Pete, should have visitation at a time to be determined by Pete. Tom feels that, if Pete is given a visitation schedule, he will feel that he is being forced to see his father. Tom further believes this will weaken his relationship with his son. Sue believes a clear plan regarding the time Tom and Pete spend together should be established. She says if Pete is not given a firm expectation of when he will be with Tom, it will be too easy for other activities in Petes life to crowd out this priority. Unable to resolve this question, Tom and Sue give Pete the option of deciding if he would like a visitation schedule or if he would like to be free to see his father whenever he pleases.
Comment: Tom and Sue each feel the quality of Pete=s relationship with Tom will depend on the way that visitation is structured. Each believes that, if Pete makes the wrong choice, the problems that follow could impact him throughout his adult life. They have placed the responsibility for the decision on Pete, not because the chance to make such a decision will help him, but because they cannot resolve the matter between themselves. This is a poor reason for entrusting an adolescent with such an important decision.
When parents differ in their views of which freedoms should be given and
which should be withheld, the parents must be sufficiently united to keep the
teenager from assuming responsibilities when the child is not ready. At the
same time, the parents must respect that they will run their homes differently
because they are living apart.
Living apart challenges parents to teach their child that different ways of doing
things can work for different parents. They must see that their child
needs to work especially hard to adapt to two distinct ways of doing
things. Not all differences mean that one parent is right and one
parent is wrong. The key is for parents to realize different
homes can produce a well-adjusted teen.
Example: The Student Athlete
Jim Doe and Jane Doe have been divorced for 3 years. Their oldest child, Jeremy, is beginning high school. Throughout his middle school years, Jeremy was active in football. Practices were held after school and games took place on weekends. Jeremy had spent alternating weekends and one night each week with his noncustodial parent. The parent who had Jeremy took him to practices and games during the time they were together. On week nights with the noncustodial parent, this usually consisted of dinner and conversation. Weekends with both parents included homework, chores, play, and family outings.
=s high school coach is serious about football. Jeremy loves the sport.
Coach expects Jeremy to work out with teammates throughout the early summer.
In August, practice occurs three times a day. Once school begins,
Jeremy will practice after school for several hours each day. In addition,
he is taking some difficult courses and expects that several hours of study
will be needed each night. Jeremy will have games on Friday nights.
Because of his busy weekend schedule, he expects that Saturdays will be
his only time to be with friends.
A Possible Solution
Jeremy=s parents want him to enjoy sports and have friends. Yet, they also want him
to have the benefits of being actively raised by two parents. They want him to grow to become an adult who sees that balancing family, work, and play is important. They want to teach him how to do this.
Jeremy=s parents have agreed to maintain their previous supervision plan. However, they have also agreed on some changes. Jeremys noncustodial parent will come to the community of the custodial parent for midweek visitation. Regardless of how busy he is, Jeremy needs to eat. The noncustodial parent plans to take Jeremy to dinner at a restaurant that offers quick but healthy meals. They will spend the rest of the time at a local library where Jeremy can study. The noncustodial parent can offer help as needed or simply enjoy a good book. Jeremy=s parents plan to purchase an inexpensive laptop computer to assist him when he works at the library.
Jeremys parents plan that alternating weekends will continue to be spent with the
noncustodial parent. They, like many parents of adolescents, understand Jeremy wants to
be with his friends more than he wants to be with them.
They recognize that, on weekends, they are offering more supervision and Jeremys friends
are getting more time. Yet, they also see the need to help
Jeremy establish active family membership as one of his priorities.
D. HOLIDAY PARENTING TIME SCHEDULE
1. Conflicts Between Regular and Holiday Weekends .
The Holiday Parenting Time Schedule shall take precedence over regularly scheduled and extended parenting time. Extended parenting time takes precedence over regular parenting time unless otherwise indicated in these Guidelines.
If the non-custodial parent misses a regular weekend because it is the custodial parent =s holiday, the regular alternating parenting time schedule will resume following the holiday. If the non-custodial parent receives two consecutive weekends because of a holiday, the regular alternating parenting time schedule will resume the following weekend with the custodial parent.
2. Holiday Schedule . The following parenting times are applicable in all situations referenced in these Guidelines as scheduled holidays with the limitations applied as indicated for children under the age of three (3) years.
A. Special Days.
Father=s Day. With the child=s father from Friday at 6:00 P.M.
Sunday at 6:00 P.M.
 Child=s Birthday. In even numbered years the non-custodial parent shall have all of the children on each childs birthday from 9:00 A.M. until 9:00 P.M. However, if the birthday falls on a school day, then from 5:00 P.M. until 8:00 P.M.
In odd numbered years the non-custodial parent shall have all of the children
on each childs birthday on the day before the childs birthday from 9:00
A.M. until 9:00 P.M., however, if such day falls on a school day,
then from 5:00 P.M. until 8:00 P.M.
Parents Birthday. From 9:00 A.M. until 9:00 P.M. with that parent,
however, if the parents birthday falls on a school day, then from 5:00
P.M. until 8:00 P.M.
B. Christmas Vacation.
One-half of the period which will begin at 8:00 P.M. on the evening
the child is released from school and
continues to December 30 at 7:00 P.M. If the parents
cannot agree on the division of this period, the
custodial parent shall have the first half in even-numbered years. In those
years when Christmas does not fall in a parent
=s week, that parent shall
have the child from Noon to 9:00 P.M. on Christmas Day. The winter
vacation period shall apply to pre-school children and shall be determined by the
vacation period of the public grade school in the custodial parent=s school district.
In years ending with an even number, the non-custodial parent shall exercise the
following parenting time:
 New Year=s Eve and New Year=s Day. (The date of the new year will
determine odd or even year). From December 30 th at 7:00 P.M to
7:00 P.M. of the evening before school resumes.
Memorial Day. From Friday at 6:00 P.M. until Monday at
Labor Day. From Friday at 6:00 P.M. until Monday at
Thanksgiving. From 6:00 P.M. on Wednesday until 7:00 P.M. on Sunday.
In years ending with an odd number, the non-custodial parent shall exercise the
following parenting time:
 Spring Break. From Friday at 6:00 P.M. through Sunday of the
Easter. From Friday at 6:00 P.M. until Sunday at 7:00
 Fourth of July. From 6:00 P.M. on July 3rd until 10:00 A.M. on July 5th.
Halloween. On Halloween evening from 6:00 P.M. until 9:00 P.M.
at such time as coincides with the scheduled time for trick or treating
in the community where the non-custodial parent resides.
3. Religious Holidays. Religious based holidays shall be considered by the
parties and added to the foregoing holiday schedule when appropriate. The addition
of such holidays shall not affect the Christmas vacation parenting time, however, they
may affect the Christmas day and Easter parenting time
PARENTING TIME WHEN DISTANCE IS A MAJOR FACTOR
Where there is a significant geographical distance between the parents, scheduling parenting time
is fact sensitive and requires consideration of many factors which include: employment schedules,
the costs and time of travel, the financial situation of each parent, the
frequency of the parenting time and others.
1. General Rules Applicable. The general rules regarding parenting time as set forth in Section 1 of these guidelines shall apply.
2. Parenting Time Schedule. The parents shall make every effort to establish a reasonable parenting time schedule.
(C) 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.
3. 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.
4. 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.
5. Special Notice of Availability. When the non-custodial parent is in the area where the child resides, or when the child is in the area where the non-custodial parent resides, liberal parenting time shall be allowed. The parents shall provide notice to each other, as far in advance as possible , of such parenting opportunities.
basic needs of a child 3
both parents necessary 13
changes in scheduled parenting time 7
child care costs imposed 7
clothing for child 6
communications, generally 4
between parents 4
between parent and child generally 4
mail with child 5
privacy of 4
telephone calls with child 4
telephone calls, costs of 4
conflicts between regular and holiday weekends 21
contempt sanctions 11
costs of transportation 5
criminal penalties 12
disagreements over guidelines 10
distance, when a major factor 23
enforcement of parenting time 11
exchange of child 5
presence of both parents 5
distance as a factor 5
exchange of information 8
extended parenting time 16
frequency versus duration in parenting time 14
general rules applicable to parenting time 4
infants and toddlers 13
information, exchange of 8
injunctive relief 12
insurance, information regarding 10
lack of contact between parent/child 13
make up time 7
mail, with child 5
mediation, when required 10
medical information 9
minimum time, concept of 1
multiple children of different ages 13
overnight parenting time with infants 14
parenting time, under three years 13
parenting time, over three years 16
parenting time, adolescent and teenager 17
parenting time, use of term 1
participation in child =s activities 9
privacy of communication 5
privacy of residence 6
problems, resolution of 10
school activities of child 9
school records of child 8
special occasions affecting parenting time 8
specific parenting time provisions 12
summer vacation (extended time) 16
teenagers, parenting time with 17
telephone calls with child 4
telephone calls, costs of 4
transportation responsibilities 5
winter vacation provisions 22
These Guidelines shall be effective on March 31, 2001.
The Clerk of this Court is directed to forward a copy of this order to the Clerk of each Circuit Court in the State of Indiana; Attorney General of Indiana; Legislative Services Agency and its Office of Code Revision; Administrator, Supreme Court of Indiana; Administrator, Indiana Court of Appeals; Administrator, Indiana Tax Court; Public Defender of Indiana; Indiana Supreme Court Disciplinary Commission; Indiana Supreme Court Commission for Continuing Legal Education; Indiana Board of Law Examiners; Indiana Judicial Center; and Division of State Court Administration.
In addition, the Clerk is directed to forward a copy to Judge Daniel F. Donahue, Clark Circuit Court; the Indiana Family and Social Services Administration, Division of Family and Children and IV-D Support Divisions; Indiana State Bar Association, Family Law Section; Indiana Child Custody and Support Advisory Committee created under Ind. Code 33-2.1-10-1; the libraries of all law schools in the state; the Michie Company, and West Publishing Company.
West Publishing Company is directed to publish this order in the advance sheets of this Court.
The Clerks of the Circuit Courts are directed to bring this order to the attention of all judges within their respective counties and to post this order for examination by the Bar and general public.
Done at Indianapolis, Indiana this ______ day of _______________ , 2000.
FOR THE COURT
Randall T. Shepard
Chief Justice of Indiana
All Justices concur.