How Parenting Time Is Determined in Indiana Child Custody Cases

When parents go through a divorce or custody dispute in Indiana, one of the most critical aspects to resolve is parenting time. Indiana courts prioritize the best interests of the child when determining how to allocate custody and parenting time. Understanding the Indiana Parenting Time Guidelines and parental rights can help individuals better navigate these complex issues.

The best way to understand what you might face in family court is to speak to an experienced attorney. Church Church Hittle and Antrim (CCHA Law) has been advising the people of Indiana for more than 140 years, and we can provide you with counsel to protect your family.

What Are the Indiana Parenting Time Guidelines About?

The Indiana Parenting Time Guidelines serve as a presumed baseline for courts to follow when allocating parenting time. They emphasize the importance of fostering meaningful relationships with both parents, promoting stability, and accommodating the unique needs of the child. While the Guidelines serve as as a starting point, keep in mind Indiana judges have discretion to determine how they should be applied, or deviated from, in any certain case.

How Is Parenting Time Calculated?

Many Indiana parenting time and custody orders depend on agreements between parents. But regardless of whether parents agree, the most important standard that courts look to is what is in the best interests of the child.

The Best Interests of the Child

Indiana law directs judges to considers the following factors to determine what’s in the best interests of the child:

• The child’s age. Younger children may require more frequent, shorter visits to maintain stability, while older children may have more flexible schedules.

• The sex of the child. The child’s sex affects their needs and how each parent can fulfill them.

• The relationship between the child and each parent and other family members. Courts evaluate the bond and history each parent has with the child and the bond the child might have with siblings and others in each parent’s life.

• The ability of each parent to provide care. The court considers each parent’s ability to meet the child’s physical, emotional, and educational needs.

• How close the parents live to each other. Parents who live far away from each other might not have the proper setup for 50/50 parenting time.

• Parental cooperation. A parent’s willingness to support the child’s relationship with the other parent can impact parenting time decisions.

• The health of everyone involved. A parent’s health might affect their ability to provide certain types of care for a child. The child’s health might affect their needs in ways that one parent can meet better than the other.

• The child’s wishes. If the child is at least 14, the court may consider their preferences.

• Any history of domestic violence or substance abuse. The court prioritizes the child’s safety and well-being in such cases.

By analyzing these factors, courts can craft a parenting time arrangement that best serves the child’s interests while balancing the rights of both parents.

Common Parenting Time Schedules

Because a child’s needs change with age, standard parenting time schedules differ according to a child’s age. The following are schedules you might see in a court order.

Children Under Three

Very young children need regular, hands-on care, so their schedules may be more routine from week to week. For children under three, the court might dictate that the parent without primary custody receive three non-consecutive days and a handful of hours each day to spend with the child.

Children Three and Older

A noncustodial parent of a child who is at least three might receive multiple consecutive days of parenting time, including overnight visits. An order may include a noncustodial parent receiving alternating weekends and at least one evening of parenting time during the week.

Typically, extended parenting time does not come into play until a child is over three. When a child is three or older, the court might grant a noncustodial parent multiple weeks of extended parenting time, which can include half of a child’s summer vacation when they are five or older.

Indiana Parenting Time for Holidays

Typical holiday parenting time schedules include the following:

• Children up to four months old. Noncustodial parents receive two hours of parenting time on scheduled holidays.

• Children between five months and 9 months old. Noncustodial parents receive three hours of parenting time on scheduled holidays.

• Children between 10 months and 18 months old. Noncustodial parents receive eight hours of parenting time on scheduled holidays.

• Children between 19 months and 36 months old. Noncustodial parents receive 10 hours of parenting time on scheduled holidays.

• Children older than three years. Noncustodial parents receive time on all scheduled holidays.

The Indiana Parenting Time Guidelines have very specific suggestions for holiday parenting time schedules. For example, Indiana courts often order that children spend Mother’s Day with their mothers and Father’s Day with their fathers while alternating birthdays between parents. Each parent also receives parenting time on their own birthday.

Further, a court might order that each parent receive half of the child’s break time for holidays such as Christmas. And parents might have to alternate their time for holidays such as Thanksgiving, spring break, Easter, July Fourth, and fall break. Additionally, courts give specific orders for religious holidays, and they may do so on a case-by-case basis. Our attorneys at CCHA Law are highly skilled and can help ensure you receive the best schedule for your family.

Our Team Can Protect Your Family

CCHA Law has more than a century of cumulative experience assisting Indiana families in parenting time and other matters. Whether you are seeking to establish, modify, or enforce a parenting time order, CCHA Law can provide the guidance and advocacy you need. Contact us online or by phone for knowledgeable and supportive legal guidance.