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.

UPDATED HAMILTON COUNTY FAMILY LAW RULES

The Hamilton County Family Law Rules were updated on July 1, 2019. This post discusses those rules:

To Whom do these Rules Apply?

The rules shall apply in all divorce, post-divorce, paternity and post-paternity cases.

What is Required by Litigants in These Cases?

Parties shall complete the Indiana Child Support Obligation Worksheets and Financial Declarations on the forms adopted by the Hamilton County Circuit and Superior Courts in all matters involving child support or disposition of assets.

Financial Declarations shall be exchanged by the parties within thirty (30) days of a new case or modification petition being filed, unless by agreement of the parties or leave of the Court.

All parties shall submit Declarations to the court as an exhibit immediately prior to any contested hearing involving child support, the disposition of assets, or maintenance.

Mediation is Required

Parties shall attend mediation before any of the following contested court hearings unless excused by the court.

Mediation is not required for contempt motions alleging failure to pay child support or failure to allow parenting time. Also, a party may request to be excused from mediation in cases involving domestic violence.

A Co-Parenting Workshop is Required & An Online Option

Both of the parties in any cause of action for Dissolution of Marriage which involves minor children shall complete a co-parenting education program either online or in person. As of 9/16/19 acceptable courses are:

CO-PARENTING EDUCATION WORKSHOP

Children Cope with Divorce
A program of Franciscan VNS Home Care
(877) 840-2673
www.franciscanhealth.org/vns

Neutral Ground Solutions
600 E. Carmel Drive, Suite 161
Carmel, IN 46032
(317) 417-2631
www.neutralgroundsolutions.com

Online Parenting Programs (English and Spanish)
www.OnlineParentingPrograms.com

The Workshop must be completed by both parties within sixty (60) days of the filing of the initiating pleading and prior to the Final Hearing. Failure to complete the workshop can result in a party being ordered to appear and show cause why he/she should not be held in contempt of court and punished.

Collaborative Law Is Recognized

If the parties are both represented by attorneys trained in Collaborative Law, and have signed agreements with those attorneys to participate in a Collaborative Law family law matter, they may file a Joint Petition for Dissolution, and may file a stipulation asking among other things that the case not be set for conference or hearing. 

*What is collaborative law? Read this.

New Restrictions Apply Immediately Upon Filing of a New Action

In any Domestic Relations case filed in Hamilton County, the parties shall not, without hearing or security:

a. Transfer, encumber, conceal, sell or otherwise dispose of any joint property of the parties or asset of the marriage except in the usual course of business or for the necessities of life, without the written consent of the parties or the permission of the Court. Any party acting “in the usual course of business” or “for the necessities of life” shall provide the other party with an accounting of same at the time of or, if possible, in advance of such action. Joint property of the parties or asset of the marriage includes property in the separate name of either party or in the names of a party and another person(s) owned or owed on the date of filing the Petition, including but not limited to:

i. Property or property interest of any kind, including real, personal, digital/electronic, and intellectual property;

ii. Records and electronically stored information, hard drives or other electronic storage devices, computers, and cloud storage accounts;

iii. All financial, investment, educational, and retirement accounts;

iv. Life and health insurance policies.

b. Remove any child of the parties then residing in the State of Indiana from the State with the intent to deprive the Court of jurisdiction over such child without the prior written consent of all parties or the permission of the Court.

c. The parties shall maintain unchanged all insurance policies (including beneficiary designations) in place as of the date that the family law action was commenced, including but not limited to life, health, auto, personal property, liability, and homeowners/renters insurance, absent written consent of the parties or the permission of the court.

d. Neither party shall incur any debt in the name of the other party or in the joint names of the parties, absent written consent of the parties or the permission of the court.

e. Neither party shall terminate/cancel/modify any utilities at the marital residence from those in place as of the date that the family law action was commenced absent written consent of the parties or the permission of the court.

f. Neither party shall conceal, alter or destroy any family, health, property financial or business records or any records of income, debts, or other obligations, including electronic records, which existed as of the date that the family law action was commenced.

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

NOTICE ABOUT THIS SITE

The former domain name of this site is note associated with me or this blog. However, whoever has taken over that domain is. without my permission or consent, publishing my content, pictures, design, postings, etc. I am in the process of changing internal links but if you link to something and it appears you have been taken back to the former domain please come back to this site. Thanks.