When parents separate or divorce in Indiana, one of the most important and emotional issues to resolve is parenting time. Indiana courts rely on the Indiana Parenting Time Guidelines to create fair, consistent schedules that support children’s well-being and maintain strong relationships with both parents.
If you’re navigating a custody case, understanding how these Guidelines work can help you make informed decisions and protect your parental rights.
What Are the Indiana Parenting Time Guidelines?
The Indiana Parenting Time Guidelines are a set of court-approved rules that establish a framework for parenting time (often called visitation). They are designed to:
- Promote the child’s best interests
- Encourage meaningful relationships with both parents
- Reduce conflict and confusion
- Provide predictable, structured schedules
Judges across Indiana typically use these Guidelines as the starting point in custody and parenting time cases. While courts may modify them to fit specific circumstances, deviations must usually be supported by evidence that a different schedule serves the child’s best interests.
Who Do the Guidelines Apply To?
The Guidelines generally apply in cases involving:
- Divorce
- Legal separation
- Paternity actions
- Custody modifications
They are most commonly used when one parent has primary physical custody and the other parent receives parenting time. However, even in joint physical custody arrangements, the Guidelines can provide structure and guidance.
What Is the “Best Interests of the Child” Standard?
All parenting time decisions in Indiana are guided by the “best interests of the child” standard under Indiana Code Title 31. This means courts consider factors such as:
- The child’s age and sex
- The wishes of the child’s parents
- The wishes of the child, with more consideration being given to the child’s wishes if they are at least 14
- The child’s relationship with each parent
- Any history of domestic violence or family violence
The Parenting Time Guidelines are structured to reflect what courts generally believe serves children’s best interests.
What Is the Standard Parenting Time Schedule?
For parents who live reasonably close to one another with children 3 years or older, the typical schedule under the Guidelines includes:
Regular Parenting Time
- Every other weekend (Friday evening to Sunday evening)
- One evening per week (midweek parenting time)
Holidays
Holidays are usually alternated each year. Common holidays covered include:
- Thanksgiving
- Christmas
- Spring break
- Memorial Day
- Labor Day
- Fourth of July
Holiday parenting time overrides the regular weekly schedule.
Extended Summer Parenting Time
Non-custodial parents typically receive extended time during summer break, often several consecutive weeks, depending on the child’s age. Summer parenting time with the non-custodial parent shall take precedence over summer extracurricular activities when parenting time cannot reasonably be scheduled around such events.
Can Parenting Time Be Modified?
Yes. Parenting time orders can be modified if there has been a substantial change in circumstances and modification serves the child’s best interests. Common reasons include:
- Relocation
- Changes in a child’s needs
- Concerns about safety or well-being
- Significant schedule changes
Parents may agree to changes, but court approval is typically required to make modifications legally enforceable.
Final Thoughts
Child custody cases can be a trying time for individuals. These types of proceedings are extremely fact sensitive, leading to confusion among many. Not to mention, these are very personal and emotional matters for people. When issues become so serious that court intervention is necessary, it may be helpful to seek the assistance of an attorney to help navigate through the process. Dixon & Moseley, P.C. attorneys practice throughout the State of Indiana and understand the significance of child custody cases and planning for the same. This blog post is written by Dixon & Moseley, P.C. advocates and is not intended as specific legal advice or a solicitation for services. It is an advertisement.