The Indiana Parenting Time Guidelines are used by Indiana Courts to assist divorcing couples when scheduling parenting time. The guidelines represent the minimum time a child should spend with the non-custodial parent in most situations. Co-parents may have their own rules regarding parenting time. If they cannot come up with their own parenting time agreement, then these guidelines can be used as a reference. In fact, Indiana courts will also encourage co-parents to create a parenting schedule according to the rules written in the Indiana Parenting Time Guidelines.
For your information, on January 1, 2022, significant updates to the Guidelines were implemented by a new Indiana law. Then, Indiana courts use the guidelines to develop parenting time plans. If you had a parenting time plan before that date, then you can create a new one again in accordance with the new guidelines. The new Indiana Parenting Time Guidelines reflect the individuality of families more than ever and also recognize that each family has its own needs. The guidelines implement a new parenting time model called Shared Parenting to help parents have better options for co-parenting. Well, now, we will help you learn how to navigate the new Indiana Parenting Time Guidelines and determine which parenting time model is right for you.
Indiana Parenting Time Guidelines
Parenting time is a legal concept that refers to the time a non-custodial parent must spend with their child, including physical time, phone calls, written and electronic communication. Indiana created parenting time laws to ensure that both parents maintain a good and meaningful relationship with their children, despite their divorced marital status. Indiana courts refer to parenting time guidelines to help non-custodial parents interact and spend time with their children. The parenting time guidelines are designed to promote the best interest of the child, determine rules about communication between children and parents, and apply good and fair parenting time.
The purpose of these parenting time guidelines is to provide rules on parenting time that can be adjusted depending on the needs and circumstances of each family. These parenting time guidelines are also based on the developmental stage of the child. For your information, the parenting time guidelines were developed by the Domestic Relations Committee members of the Indiana Judicial Conference after reviewing current and relevant literature regarding visitation, guidelines of the visitation in other geographic areas, and opinions from child development experts and family law practitioners. In addition, in developing the Parenting Time Guidelines, the Domestic Relations Committee members also relied on data from surveys of judges, lawyers, and mental health professionals who work with children.
To learn more about Indiana Parenting Time Guidelines, you can visit this link: https://www.in.gov/courts/rules/parenting/index.html.
Parenting Time Orders in Indiana
Parenting time agreements are usually part of a broader child custody arrangement. The agreement is decided jointly by both parents. However, if there is no agreement between the parents, then the court will order and determine this agreement. Indiana courts must base all parenting time orders on guidelines, using the Child’s Best Interest Checklist to inform their final decision.
Based on the guidelines, while drafting the details of the parenting time order, the court may also consider some relevant factors for example, the age of the child which may help determine the visitation schedule. You should know that under the guidelines, the visitation schedule of children over five years old who live near their non-custodial parent includes alternate weekends, one evening each week, and scheduled holidays and school breaks. Then, the visitation schedule of children over five years old includes half of the summer vacation. Under the guidelines, when drawing up a parenting plan, the court may also consider the geographical distance between the parents’ homes. According to the parenting time guidelines, a three- or four-year-old child has four non-consecutive weeks during the year with the non-custodial parent if the distance between the parents’ homes is considerable. However, it can be done if the parent gives at least 60 days’ advance notice of the particular week they want the child to stay with them.
Understanding Shared Parenting
Traditionally, in many cases, Indiana courts have applied the Specific Parenting Time Provision as a default. With the Specific Parenting Time provisions, the non-custodial parent has dedicated time with the child in the middle of the week and weekends as well as holidays, school breaks, and summer schedules. This can help parents who need a firm visitation schedule to work well together in organizing parenting time. However, there is a downside that is likely to be felt by the child, which is that the child is likely to feel more at home with the custodial parent.
These new guidelines seem to have provided a solution. Several co-parents need less separation in their personal relationships. They want a more seamless blend in their parenting practices. These needs of theirs can be met through Shared Parenting. Yes, Shared Parenting is specially designed to create a model of “two homes, one home.” Shared Parenting can use a 50/50 child custody schedule such as 3-4-4-3 custody schedule, 2-2-5-5 custody schedule, 2-2-3 custody schedule or alternating weeks.
Ultimately, parents’ success in shared parenting will depend on their ability to work together. Parents who are flexible and can work together as a good team in parenting time will definitely fit into this shared parenting model.
Utilize the Guideline Framework for the Best Interest of the Child
The new guidelines recognize that each family has its own needs and characteristics in parenting their child. In essence, the best parenting time plan for a child is one that provides a healthy, ongoing parenting relationship and also promotes the best interests of the child. To determine the best plan of parenting time for a child, Indiana courts consider a framework that involves many factors, including:
- Factors related to the child such as age, temperament, current routine, and maturity level of the child.
- Factors related to the parent such as temperament and mental health of each parent.
- Factors related to the parent-child relationship such as availability to the child of each parent, and caregiving interest of each parent.
- Factors relating to the co-parenting relationship such as the ability of co-parents to solve any conflicts and protect a child from exposure to parental conflict.
- Environmental factors such as work schedules and circumstances of the parents.
Yeah, this is not a complete list of factors and questions that the court may consider in your case. However, by understanding this framework, co-parents and the court can decide what is best for the child.
Deciding If a Shared Parenting is Right for You
Determining whether shared parenting is right for your family can be challenging. In this case, the new Guidelines suggest that you and your ex-spouse ask yourselves what is best for your child. Then, you and your ex-spouse can carefully consider which parenting time plan is best.
Based on the guidelines, here are some suggested questions for parents to consider:
- Do you feel fully informed about all that is needed of parents implementing a Shared Parenting model?
- Do you understand all the things that parents must do in their own household and in coordination with the other parent’s household when committing to a Shared Parenting model?
- Do you understand what the courts expect from parents who commit to the Shared Parenting model?
- Do you feel the child would benefit from spending almost equal time in both parents’ homes?
- Do you feel you and your child’s other parent make higher quality decisions when deciding to choose a Shared Parenting?
- Are there certain areas where one of you is better equipped to make decisions?
- Do you and the child’s other parent agree about this decision?
- Are you willing to give greater weight or acknowledge the idea of a parent with greater expertise?
- Do you take steps to protect your child from disagreements?
- Does the child’s other parent take steps to protect your child from your disagreements?
- Does your child believe that you have disagreements in child-relevant areas?
- Do you take steps to show a positive relationship to your child?
- Does the child’s other parent take steps to show a positive relationship to your child?
- Does your child believe that you and the child’s other parent like each other?
- Does the stress of working through differences with the child’s other parent impact your daily life negatively?
- Have you or the child’s other parent relied on courts to solve differences in this case?
- Do you believe that your child would be happiest in a Shared Parenting arrangement?
- If other people help you in caring for your child, do you believe that they would willingly help you in fulfilling the commitments of a Shared Parenting relationship?
Answering these questions may be difficult and confusing. If you are unsure, you can ask a lawyer for help with the parenting time frame. In addition, a good lawyer will also tell you what factors the court will consider, and what questions to ask yourself.
Use a Parenting Time Calendar
Every family has their own way of parenting. A parenting time plan must be made according to the child’s needs. Indiana courts have provided parenting time online calendar application. With the parenting time online calendar app, it will be easier for parents to create a calendar for the parenting time plan. Aside from that, the parenting time online calendar can also help in the exchange of information between co-parents.
