Indiana Parenting Time Guidelines 2022 - New Factors for Parenting Time Plans and Orders

The amended Indiana Parenting Time Guidelines go into effect January 1, 2022. A copy of the amended Guidelines can be found here. Brand new to the Guidelines is a list of factors to consider when determining whether a particular parenting plan exceeding the recommended minimum plan is in the best interest of the child(ren).

The new factors seek to promote plans that are “safe, secure, developmentally responsive, and, ultimately, in the best interests of the child.” In the important to note that the list of factors is not all-inclusive, and may not apply to every set of parental relationships. Also, the factors are not listed in any order of priority.

The factors are in categorized into five (5) sub-groups: factors related to the child; factors related to the parents; factors related to the parent-child relationship; factors related to the co-parenting relationship; and environmental factors.

The factors are as follows:

Factors Related to the Child:

• The age, temperament, and maturity level of the child

• The child’s current routine

• The child’s response to separations and transitions

• Any particular physical, emotional, educational, or other needs resulting from the developmental stage or characteristics of the child

Factors Related to the Parent:

• The temperament of each parent

• The “fit” of each parent’s temperament with the child’s temperament

• Each parent’s mental health, including mental illness and substance use or abuse

• Each parent’s sensitivity to the child’s early developmental needs

• Each parent’s capacity and willingness to be flexible as the child’s needs change from day to day and over time

Factors Related to the Parent-Child Relationship

• Each parent’s warmth and availability to the child

• Each parent’s ability to correctly discern and respond sensitively to the child’s needs

• Each parent’s past experience living with the child and caregiving history

• Each parent’s caregiving interest and motivation

• Each parent’s history of perpetrating child physical or emotional abuse or neglect

Factors Related to the Co-Parenting Relationship:

• The parents’ capacity and willingness to be flexible with each other as the child’s needs get expressed in the moment and change over time

• The level and nature of conflict and/or domestic violence, including the history, recentness, intensity, frequency, content, and context (separation specific or broader)

• The parents’ ability to compartmentalize any conflicts and protect the child from exposure to parental conflict

• The parents’ ability to communicate appropriately and in a timely manner about the child

• The degree to which each parent facilitates contact and communication between the other parent and the child versus “gatekeeping” behavior intended to keep the other parent and the child apart

• The parents’ capacity for cooperation about the child’s developmental needs

Environmental Factors:

• The proximity of the parental homes

• The parents’ work schedules and circumstances

• The presence of extended family members or close friends that participate in caregiving

• The availability of additional child care if needed and economic resources available to pay for it

• The mechanics in place to transfer the child from one household to the other

To contact me to discuss how these changes may affect your situation, go here.

A copy of the amended guidelines can be found here.

2019/2020 Holiday Parenting Time - Indiana Parenting Time Guidelines

Holiday parenting time is often a source of confusion.  Since 2013 it has been even more complicated as are there are two sets of Guidelines that may apply.  For information about which Guidelines apply to your situation, please see my general Parenting Time Guidelines page. This posting addresses only Holiday Parenting Time under the current Indiana Parenting Time Guidelines, not the 'old' Guidelines. 

Holiday parenting time is controlled by when a child is out of school, therefore, your situation may not follow this interpretation.  The posting assumes a Winter break with the last day of school on Friday December 20, 2019, and the first day back on Monday, January 6, 2020. Over this time period there are 16 overnights, not including the overnight on January 5, 2020. 

The Guidelines provide the following schedule:

HOLIDAY PARENTING TIME SCHEDULE: 

The Christmas vacation shall be defined as beginning on the last day of school and ending the last day before school begins again. Absent agreement of the parties, the first half of the period will begin two hours after the child is released from school. The second half of the period will end at 6:00 p.m. on the day before school begins again.  Each party will receive one half (1/2) of the total days of the Christmas vacation, on an alternating basis as follows:

1. In even numbered years, the custodial parent shall have the first one half (1/2) of the Christmas vacation and non-custodial parent shall have the second one half (1/2) of the Christmas vacation.

2. In odd numbered years, the non-custodial parent shall have the first one half (1/2) of the Christmas vacation and custodial parent shall have the second one half (1/2) of the Christmas vacation.

3. In those years when Christmas does not fall in a parent’s week, that parent shall have the child from Noon to 9:00 P.M. on Christmas Day.

4. No exchanges under this portion of the rule shall occur after 9:00 p.m. and before 8:00 a.m., absent agreement of the parties.

 New Year’s Eve and New Year’s Day shall not be considered separate holidays under the Parenting Time Guidelines.

Thanksgiving. From 6:00 P.M. on Wednesday until 7:00 P.M. on Sunday, shall be exercised by the noncustodial parent in even numbered years and the custodial parent in odd numbered years.

After reviewing the Guidelines, if your child gets out of school on December 20th and goes back on January 6th, there are 16 overnights of Winter Break.

One interpretation of the Guidelines for the winter holidays in 2019-2020 is as follows:

• Thanksgiving Break (6:00 P.M. on Wednesday until 7:00 P.M. on Sunday) - with custodial parent in 2019; and

• Winter School Break - with noncustodial parent from December 20th until December 28th, and then then the custodial parent would have the child on December 28th for the remainder of the break. The custodial parent would also have noon to 9 p.m. on Christmas Day.

To discuss this please contact me. To see all of my postings on this topic search here. 

Looking for the "old" guidelines? Go here.

A Parenting Referee? Parenting Coordination Added to The Indiana Parenting Time Guidelines

On September 2, 2016, the Indiana Supreme Court amended the Indiana Parenting Time Guidelines to include Section V., Parenting Coordination.   Section V defines parenting coordination as "a court ordered, child-focused dispute resolution process in which a Parenting Coordinator ("PC") is appointed to assist high conflict parties by accessing and managing conflicts, redirecting the focus of the parties to the needs of the child, and educating the parties on how to make decisions that are in the best interest of the child."

Parenting coordination has existed in Indiana for a number of years, but until now there were no court-adopted rules to govern how the parenting coordination process worked or who may serve as a PC.  

Among other details Section V, includes: 

• A PC must be court-ordered and is for 'high-conflict parties';
• Section V only applies to appointments made after January 1, 2017, and does not modify an existing parenting coordination order; 
• A PC shall be a registered Indiana Domestic Relations Mediator, with additional training or experience in parenting coordination satisfactory to the court making the appointment;  
• The court may with consent of the parties, or on its own motion, appoint a PC when it is in the child’s best interest to do so; however, when the court on its own motion appoints a PC without the consent of both parties, the order a must include a written explanation why the appointment is appropriate; 
• An initial term of appointment shall not exceed two years. For good cause shown, the court may extend the appointment; 
• The court may terminate the service of the PC at any time upon finding that there is no longer a need for the services or for other good cause; 
• The role of the PC includes: assessing the family and the litigation history; educating the parties as to the impact their behavior has on the child;  facilitating conflict management; and assisting the parties in the development of parenting plans and alternative resolutions to other disputes;
• If the parties are not able to decide or resolve disputes on their own or with the suggestions of the PC, the PC is empowered to make reports or recommendations to the parties and the court;
• PC recommendations, which are not agreed to by the parties, may be submitted by the PC as a written report to the court for consideration, and report shall include an explanation as to how the recommended change is expected to benefit the family as a whole. 
• Communications made as part of parenting coordination, are not be confidential except as provided by law.
• Section V does not create a privileged or therapist-client privileged communication.

It is important to note that Section V is not effective until January 1, 2017.  

To review the Order of the Supreme Court adding Section V click here.

To discuss this further please contact me.