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  5. What Can I Do If I Am Being Denied Parenting Time Due To COVID-19?

What Can I Do If I Am Being Denied Parenting Time Due To COVID-19?

On Behalf of Dixon & Moseley, P.C. | May 1, 2020 | Child Custody, Family Law, Parenting Time

As stay-at-home orders continue for Indiana, many parents have been denied parenting time on the grounds of COVID-19. The Chief Justice of the Indiana Supreme Court, Loretta Rush, issued an order on March 31, 2020 that parenting time orders remain in force during COVID-19. This means that drop-offs and pick-ups should continue.1 Governor Holcomb’s stay-at-home orders have all made exceptions for court orders (which would include custody and parenting time orders) to be excluded from the stay-at-home orders. This blog explores what you can do if you are being denied parenting time and other parenting time considerations during the COVID-19 pandemic.

First, if you are being denied parenting time by the other parent claiming it is unsafe to have parenting time exchanges due to COVID-19, you should talk with your counsel and consider filing an emergency motion to enforce parenting time and contempt to restore your time. It is generally unhealthy for children to go extended periods of time without having parenting time with the other parent. Contrary to some myth, Indiana trial courts are open. While they may be delaying non-emergency cases, trial courts are open and have contingency plans to address emergency matters.

Second, if you are being denied your parenting time, you need to assess if there is a valid reason that a contempt and enforcement action would fail. For instance, if you live in a bordering state and have to cross state lines to do parenting time exchanges, is there a quarantine period that may prevent or hamper same? The out-of-state parent is bound by any executive order of his or her governor. Also, while most health care workers2 are exchanging children without issue, if they become exposed to COVID-19 or are treating those patients, it may be that court would not find the parent withholding exchange of the children in contempt due to the risk to the child. In reality, this is a common-sense analysis a trial court will apply in any contempt hearing.

Third, not all parents who have children they exchange, have acrimonious relationships. If the do, sometimes they can put their differences aside and rise to the occasion in times of extremis. In these cases, the firm has represented parents who by agreement temporarily modify their parenting time so the child(ren) is/are not exercising actual, in-person time with the parent on the front lines of COVID-19. This is what courts and lawyers would like parents to do as all systems, including the legal system, are strained at this time. A good way to do this would be to enter into an agreed entry to allow the parent working in the COVID-19 environment to skype or otherwise have regular in-direct contact with the children for a period of time until the COVID-19 virus is under control. With this type of working together, the parents can then explain to the children why this is occurring so they understand why mom or dad is only talking with them by phone, Skype or on Facetime. The fair way to address the parenting time parent is forgoing this parenting time due to their profession, would be to give the parent make up time for lost days, perhaps out of the summertime.

Ultimately, the COVID-19 virus is such an economic and physical health challenge to our way of living, there is no comprehensive set of domestic laws to address how parents should handle custody and parenting time under the specifics of their situation, except the guidance provided by Chief Justice Rush. However, know that if the matter does wind up in court, the court is going to make an order that is in the children’s best interests. So before you litigate, ask yourself in this unique time in the history of the world, what is truly in the children’s best interests? Then make your decision with skilled domestic counsel.

Dixon & Moseley, P.C. attorneys handle all aspects of family law matters in all of Indiana’s 92 counties and have handled several emergency matters related to COVID-19. We hope this blog provides you with some general understanding that the courts are open to meet the needs of a child in his or her best interests, even now in the midst of the COVID-19 emergency. What is in the children’s best interest in your case? Is it a temporary agreement or a contempt and enforcement action? Or is there some other remedy that you can agree to that makes sense to protect your children and meet their best interests? This blog was written by attorneys at Dixon & Moseley. It is written to provide general educational information only. It is not intended to be used as legal advice or is it a solicitation for services. It is an advertisement.

  • Supreme Court Order 20S-MS-238.
  • This term is used broadly to include, for instance, first responders.
  • What Counts as Marital Property in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

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

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

    Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

    Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

    Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

    Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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