Indianapolis Parenting Time Lawyer & Visitation Attorney
In Indiana, the time in which non-custodial parents are allowed to spend with their children is referred to as “parenting time” (formerly, this time was referred to as “visitation”). Indiana law for parenting time is based upon the premises that children benefit the most when they have substantial time with both parents.
At the outset, it’s important to understand that Indiana courts will not “punish” a parent who may have been responsible for causing a divorce or separation of the parents by awarding that parent less parenting time. It is also presumed that all parents should have parenting time unless another significant aspect is involved, such as past child abuse, drug addiction or alcoholism, or some other condition in which the welfare or safety of the children would be put at risk.
Indiana Parenting Time Guidelines
The Indiana Parenting Time Guidelines can be seen here. If you have children and are in the process of divorcing or in a paternity case, you should read these guidelines, as there is a presumption that these guidelines will be applicable in your case. As you will note from reading the Guidelines, the welfare of the children is paramount. The Guidelines do not care about the personal relationship between the parents, and instead impose important requirements on the parents for the benefit of the children – such as ongoing communication between the parents about many aspects of the children’s lives so that each parent will know about these important matters.
It’s also important to know that the parenting time schedules set forth in the Guidelines can be modified upon agreement of the parents and/or by order of the court. As a result, the non-custodial parent might have more or less time with the children than set forth in the Guidelines. Thus, it is usually better for both parents to agree upon parenting time matters together rather than to leave these matters to the court.
In approving child custody and parenting time matters, the court will be first and foremost concerned with the welfare of the children.
Your Parenting Time Rights
I advocate on behalf of clients for the parenting time schedules that are best for them. In the process of divorce and paternity cases, a custody and parenting time schedule agreement can often take hard work among all involved, especially in situations in which both parents desire primary (or even sole) custody. Diligence and creativity often lead to acceptable solutions in cases in which there appears to be a deadlock.
If acceptable parenting time arrangements cannot be reached through negotiation, I will advocate tenaciously on behalf of clients for the parenting time arrangements that they believe are in the best interest of their children.
Please call me today to learn how I can help you.