New Indiana Parenting Time Guidelines 2012 - Equal Parenting Time and Parenting Coordination Provisions
This post is an update of previous posts (here and here and
here) which have followed the
Domestic Relations Committee as it reviews and revises the Indiana Parenting
Time Guidelines. Since the last post
the Domestic Relations Committee has published summaries of their meetings
occurring in February,
March,
May
and July
of 2011. If this topic is of interest
to you, I encourage you to read the minutes yourself. There are two items in these minutes that seem important to address in this post.
First, there appears to be a consideration to
presume more parenting time for noncustodial parents, and a provision regarding
equal parenting time. The minutes do not
reveal the details of how the presumption of minimum parenting time would
change, or whether the Guidelines will discuss situations where equal parenting
time might be presumed, but if these topics are handled in the revised
guidelines it would be a major change. This was a hotly argued concern at the public hearing regarding the revisions. I get more comments on my blog regarding the
these two issues than any other topic.
Secondly, the minutes reflect that parenting
coordination is a concept that will be addressed in the revised guidelines. The committee agreed to draft three rules
related to parenting coordination as follows: (1) adopt the parenting time
guidelines including provisions about parenting coordination, (2) give
parenting coordinators immunity, and (3)
require parenting coordinators to meet educational requirements and pay a
registration fee. Also, it is worth
noting that while the May minutes reflect that the committee supported not allowing
a judge to order a parenting coordinator over objection of the parents, the
July minutes reflect that the parenting coordination rules will allow a court
to order parenting coordination over a parties’ objection. This position is consistent with a recent Court of Appeals case. This is an important issue because disagreement
between the parties is one of the main
reasons a parenting coordinator is necessary.