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  5. How Do We Handle Custody And Parenting Time Exchanges Under The COVID-19 Stay-At-Home Order?

How Do We Handle Custody And Parenting Time Exchanges Under The COVID-19 Stay-At-Home Order?

On Behalf of Dixon & Moseley, P.C. | Mar 24, 2020 | Child Custody, Family Law

With Governor Holcomb’s “Directive to Stay at Home” order taking effect at 11:59 p.m. on Tuesday, March 24, 2020 to slow the COVID-19 epidemic, parents with children born out of wedlock and from divorce face uncharted waters. This is because some states with stay-at-home or shelter-in-place orders have prevented custody and parenting time exchanges. There is simply mass confusion. This blog covers a reasonable application of how parents in Indiana should conduct themselves in exchanging the children during the period (until April 6, 2020) of the stay-at-home Directive.

The most important aspect of this Directive is that custody and parenting time should remain the same to the extent possible because exchanges are an exception in the Directive. This is called “essential travel”. Specifically, essential travel for this is allowed by the Directive as Indiana parents may leave home to “transport children pursuant to a custody agreement.” There is general consensus between judges that the Directive as presently written should not be used as an excuse to deny the other parent his or her custody (in the event of joint or split physical custody) and/or parenting time.1 In addition, there is a consensus between lawyers and judges that any parent using COVID-19 to deny the other parent parenting time could face sever legal sanctions for using such as a tactical weapon during this global pandemic.

Key to the Directive is “essential travel” does not allow a Spring Break trip. This is non-essential travel. This does not mean a parent does not get his or her Spring Break time, but going someplace, such as Florida, is non-essential travel. Parents can take their kids with them for essential travel, such as for medical care,2 to the grocery3 or to and from any public and private pre-K-12 schools (although most are closed).4 However, parents should be aware that these institutions must provide social distancing between children of six-feet per person to the greatest extent possible.5

What is not said in the Directive is that during and after the Directive’s operation,6 trial courts will consider denial of parenting time and other activities relating to disputes between the parents about the Directive by what is in the child’s best interests. This is common sense, but hard for parents who both love their children and want to spend time with them to sometimes properly consider. For instance, if a parent ignores the Directive and takes his or her children on vacation to a state not under quarantine, the court may later find him or her in contempt and this could even lead to a custody modification in the right circumstances, as well as an attorney’s fee award.

Unlike any time in the history of the integrated global economy has so much rested in the balance. The courts and lawyers are ready, willing, and able to assist with meeting the children’s best interests. In this time of uncertainty where misinformation is rampant, parents who have to exchange their children under the Directive must understand what is expected of them. This blog post is structured help educate parents about their duties with children from paternity or divorce actions under the Directive. Dixon & Moseley, P.C. handles a wide range of custody, divorce and paternity cases throughout the State. This blog post is written for general educational information and is not intended as legal advice. It is an advertisement.

  • Directive 16(e).
  • Directive 7(a).
  • Directive (7)(b).
  • Directive (7)
  • Directive 14(l).
  • Indiana trial courts and their judges may look at emergency motions to limit parenting time with a more critical eye as they are limiting their operations to mitigate spread of COVID-19. Having to address an emergency contempt because the other parent refuses to transfer the children because of COVID-19 without cause—when, again, courts are trying to balance remaining open to provide emergency relief in civil cases and provide due process to arrested and incarcerated individuals and closed otherwise to minimize the spread of the virus—is unlikely to be tolerated by court with the violating parent. On the other hand, there are numerous theoretical situations where the child’s best interests may be served by a change in parenting, preferably by agreement, such as if a parent is exposed. Court’s ultimately are open to meet real and immediate risks to the children.
  • How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

    How Indiana Courts Divide Retirement Accounts in Divorce

    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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    Recent Posts

    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
    • Failure to Object: When Is an Issue Waived?

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