As we approach the end of the school year, now is a good time to review the Indiana Parenting Time Guidelines as they relate to holiday travel.
As we approach the end of the school year, now is a good time to review the Indiana Parenting Time Guidelines as they relate to holiday travel and custody arrangements. You may be asking yourself several questions, including, “What are Indiana’s parenting time guidelines? What is the standard parenting time?” or you may just want to know how parenting time is calculated.
In Indiana, what may be called “a divorce” in many states, is a “Dissolution” under our statutes. Initiating a dissolution involves more than just dividing marital property—it also includes important decisions about child custody, parenting time, and child support. This involves a concept called “co-parenting”. Co-parenting is intended to encourage both parties to work together to prioritize the “best interests of the child”. This includes maximizing stability, while insuring both parents are involved in the lives of their child(ren).
Given the emotions and rapid change involved in the dissolution process, it is not always easy for the parties to work together for the benefit of the children. Co-parenting remains a priority even in this difficult time. When needed, a court may set a preliminary hearing early in the process to set basic ground rules for the children – as to where the children sleep, what school they attend, and a variety of other concerns related to child custody including child support payments.
However, Indiana law shows a strong preference to defer to the parents to work things out rather than rely on the court alone. The Indiana Parenting Time Guidelines are one of the pillars of co-parenting in Indiana, and they openly encourage the parents to work together. In the introduction, the Guidelines state “The best parenting plan is one created by parents which fulfills the unique needs of the child and the parents.”
How is holiday parenting time divided in Indiana?
The guidelines recognize how difficult it is to plan for every eventuality. In those circumstances, the guidelines can be used as a framework to ensure things like holidays, birthdays and other special events are fairly attributed to each parent on a year-by-year basis. This is based on which parent is the “primary physical custodian.” Indiana recognizes both legal custody (the authority to make education, religion and medical choices) and physical custody – where a child is physically, and where they sleep on a given night (an “overnight”). The parent who has the most “overnights” each year is designated as the primary physical custodian.
In Section II: Specific Parenting Time Provisions, subsection F covers the Holiday Parenting Time Schedule. This provides a framework around which parents can build a parenting time schedule that best benefits their children. The guidelines cover many different age groups and possible combinations of factors. The guidelines spell out how each holiday is divided between the parents.
In Section 1:General Rules Applicable to Parenting Time, if a parent choses to travel “out of the area” with a child, that parent is required to provide the other parent with “An itinerary of travel dates, destinations, and places where the child or the traveling parent can be reached, or the name and telephone number of an available third person who knows where the child or parent may be locate.” It is important to remember that even travel should not interfere with communication between the child and the other parent as ordered by the court or contemplated in the guidelines.
If you or someone you know has questions or need assistance with the Indiana Parenting Time Guidelines or holiday travel consulting with a family law attorney regarding your options can be helpful. The experienced family law attorneys at Banks & Brower can help. Give us a call at (317)-526-4630 or email info@banksbrower.com to help you navigate your case.
