These pages contain information about all parenting time laws and the guidelines in the State of Indiana related to dissolution of marriage, paternity, CPS and CHiNS cases. Relevant Rules of Court are also cited. Where appropriate we have added some commentary and case law by our Court of Appeals or Supreme Court interpreting those laws or rules.
DISCLAIMER
This is intended to be an educational and informational guide. It is not intended to be or to substitute for legal advice and representation. Law, legal requirements, and procedures vary from place to place. It is advisable to consult an attorney.
May a noncustodial parent be denied visitation or parenting time?
A custodial parent (parent having legal physical custody) may not deny visitation with a minor child because the noncustodial parent (parent with visitation or parenting time or temporary custody) does not pay child support. However, a noncustodial parent’s position in enforcing visitation rights is much better when child support payments are current. A noncustodial parent may file a contempt action and ask that the custodial parent be punished for denying visitation. The custodial parent may file a contempt action and ask that the noncustodial parent be punished for failing to pay child support. If a parent is current in support, the parent can file a contempt action, and can also ask for an injunction against further interference with visitations.
What are some steps to exercise your visitation rights?
There are a number of steps a noncustodial parent can take to exercise visitation rights:
1. Make written requests for visitation with your children on specific dates at specific times. Mail the request to the custodial parent.
2. If your requests cannot be honored, invite the custodial parent to propose alternative times.
3. Let the custodial parent know that you expect a response to your request by a certain date.
4. Keep copies of your requests.
5. Send cards, letters, and gifts (but not Court ordered support) directly to your children, keeping copies of them for your records. (Always pay child support through your account in the Vanderburgh County Clerk’s Support Office. If not, it will be considered a gift.)
6. Show up for every visitation. Let the custodial parent know in advance if you will not visit, and explain why and try to reschedule.
7. Keep a diary of each effort at visitation and whether you were able to visit.
8. Be persistent, but polite. Do not give up. Do not take no for an answer, but do not be abusive.
9. Always obey the Court’s orders.
What can happen if you do not remain in contact with your children?
It is important that a noncustodial parent make every effort to remain in contact with the children. If a parent fails to pay support for twelve (12) months or fails to have significant contact with the children for twelve (12) months, the custodial parent’s new spouse may be able to adopt the children without the noncustodial parent’s consent.
What are the Indiana Parenting Time Guidelines?
The parenting time guidelines were adopted by the Supreme Court of Indiana in December of 2000. The guidelines are based on the premise that it is usually in a child’s best interest to have frequent, meaningful, and continuing contact with both parents. The guidelines are based upon the developmental stages of children. The term “parenting time” replaces the word “visitation” to emphasize the importance of the time a parent spends with a child. The guidelines are a minimum and apply to all custody situations including paternity, divorce, sole custody, and joint custody. They do not apply to situations involving family violence, substance abuse, risk of flight with a child, or other circumstances the court reasonably believes endanger the child’s physical health or safety, or significantly impair the child’s emotional development. There is a presumption that the Indiana Parenting Guidelines are applicable in all cases and any deviation by the parties or the Court must be accompanied by a written explanation indicating why the deviation is necessary or appropriate.
This information was provided by the Vanderburgh County Government website.
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