Indiana parenting time guidelines are designed to give parents the opportunity to have regular contact and interaction with their children. These guidelines are based on the premise that it is often in a child’s best interest to have frequent and meaningful contact with both parents.
The new Indiana Parenting Guidelines came into effect on January 1, 2022. There are a few changes that deserve attention.
Communication
When parents separate, communication between them is often fraught with tension. The key to successful co-parenting is open, respectful, and consistent communication. This is particularly important when it comes to picking up and dropping off children. The use of text messages, emails, and shared calendars can facilitate the exchange of information. However, it is important that all communications remain focused on the child. Parents should not discuss adult issues with each other or make disparaging comments about the other parent, as this can have a negative impact on the child.
The new Indiana Parenting Guidelines no longer use the term “visitation.” The terms “parenting time” and “custodial parent” are used to emphasize that, unless there is a specific reason why it would not be in the child’s best interest, both parents have a right to frequent, meaningful, and continuing contact with their child.
Another important change in the Guidelines is that both parents must give each other notice of their availability to spend parenting time with the child at least 10 days in advance of the scheduled visit. This gives both parents the opportunity to find a mutually agreeable date and avoid conflict. If the parties cannot resolve a dispute, the court may order supervised visitation.
Pick-up and drop-off times are also a source of conflict in many divorce cases. The guidelines now recommend that, if possible, both parents should try to keep the same pick-up and drop-off times for holidays, birthdays, and other significant events. This will minimize the likelihood that third parties will be involved, which can cause conflict and disrupt the flow of the parenting schedule.
The guidelines now suggest that both parents should limit their use of third-party service providers, such as babysitters or nannies. This can be very disruptive to a child’s life and is a risk of harm, both physically and emotionally. Parents should actively seek out and share information about their children with each other and their service providers. Parents who attempt to interfere with the other parent’s parenting time by physically obstructing it, refusing to return a child, or relocating them without authorization, could be subject to legal consequences.
Pick-up and Drop-off
When parents have a custody arrangement that includes both shared and sole physical custody, they should map out transportation logistics in their parenting plan. Failing to do so can lead to conflict. It can also create a sense of uncertainty for children who may worry about whether their parents will show up or be late.
Creating an order that defines exactly where and when a child is to be picked up and dropped off can provide stability for kids. It can also help to limit arguments between parents over who should do the drive. For example, some parents have agreed to “curbside pick-up,” where one parent drops the children off and waits in their car while the other parent walks the children over to their own vehicle. Similarly, some parents have a drop-off location set aside where they meet for short visitation exchanges. This can minimize time spent in the car and reduce the number of stops on a long journey home.
Other co-parents prefer to split pick-up and drop-off responsibilities. They might have an agreement to alternate weekends or even weekdays. In a case where the parents live a significant distance apart, they might agree to meet at a designated halfway point, such as a school or community center. This way, the parents don’t have to travel all the way back and forth each weekend.
Regardless of who has custody, putting the child’s emotional well-being first is important. This can be done by making sure to provide a comfortable and safe exchange environment. Parents should also pay attention to a child’s emotional state during these moments and offer reassurance and validation.
If a non-custodial parent’s behavior is making you worry about your child’s safety, you should not hesitate to involve the authorities. Calling the police or child protective services can help protect a child’s safety and make it clear that your former partner is not complying with your parenting guidelines. If you need assistance with your parenting plan or are struggling with issues related to custody, a family law attorney can offer valuable insights and guidance.
Public Health Emergency
If parents have custody or visitation orders in place, it’s important to stick with them as much as possible. This ensures consistency for children and may help them cope with the changes caused by the COVID-19 pandemic.
It’s also important for parents to discuss their parenting arrangements and determine how the current state of emergency and social distancing rules will impact them. It’s critical that families follow federal, state, and local guidance for maintaining safety-related activities and following social distancing measures. It’s also important to consider how the current situation might affect transportation and other logistical issues, such as how to exchange children for parenting time or where to meet with one another.
In addition, it’s important for parents to consider the effect of COVID-19 on their children. This is particularly true for children already struggling with routines and environmental changes. For example, infants and toddlers may exhibit regressive behaviors such as a return to security blankets or discarded toys, a lapse in toilet training or thumb sucking; frequent sleep disturbances; clinginess with parents; fear of abandonment; irritability, aggression, and tantrums. Parents should be proactive in helping their children adjust to new circumstances and encourage them to seek support from family members, friends, community resources, or their child’s pediatrician.
The best approach is for parents to try to work together and agree on temporary modifications to their existing custody agreements. If they are unable to reach an agreement, mediation services are available to assist them in negotiating a temporary arrangement.
However, if a parent wants to seek a change in their custody agreement, it’s crucial that they have documentation of the need for the modification. This should include an assessment of whether the child’s health is at risk, a detailed description of the reason for the modification, and efforts made to resolve the issue without a court hearing. Ultimately, the courts will make decisions on a case-by-case basis with the goal of protecting children and ensuring compliance with court orders. They will not tolerate parents who attempt to deny visitation during a public health emergency.
Make-up Parenting Time
The Indiana Parenting Guidelines are used by judges and other legal professionals to help determine a child custody or visitation schedule in any given case. They are based on the presumption that having frequent, meaningful, and continuing contact with both parents is usually in a child’s best interest. They also acknowledge that scheduling parenting time can be more difficult when two separate households are involved and requires consistent effort from both parties to promote the child’s well-being.
The guidelines also recognize that while it is generally in a child’s best interests to have relationships with each parent and other adults, those relationships should not interfere with or replace a primary relationship with either parent. This includes relationships with stepparents, aunts and uncles, grandparents, and other relatives. The guidelines provide that parents should communicate with each other frequently, and this communication can occur through telephone, email, or even old-fashioned snail mail. They should share information about the child’s school, health care provider, and other service providers. This prevents a child from suffering inconvenience or embarrassment due to not having the appropriate information.
A recent change to the guidelines addresses issues arising from the COVID-19 pandemic. It allows parents to create modified custody agreements in a public health emergency, which could require the child to be quarantined or interfere with scheduled parenting time. The guidelines now allow parents to use make-up parenting time for any days missed during a public health emergency, as long as they can agree.
Another modification involves pick-up and drop-off. The guidelines no longer recommend making exchanges at a police station, which can be an intimidating place for parents and children alike. Exceptions to this rule can be made in cases where there is domestic violence or when the safety of the children is at risk.
The guidelines also note that the noncustodial parent has a right to direct access to the child’s school records, and both parents should not interfere with this. The guidelines encourage both parents to keep each other updated on the child’s progress in school and any special activities they are participating in.