Indiana Divorce Guide

Visitation (Parenting Time)

Visitation
Parenting Time Rights of Noncustodial Parents

A parent not granted custody of the child is entitled to reasonable parenting time rights unless the court finds, after a hearing, that parenting time by the noncustodial parent might endanger the child’s physical health or significantly impair the child’s emotional development. The court may interview the child in chambers to assist the court in determining the child’s perception of whether parenting time by the noncustodial parent might endanger the child’s physical health or significantly impair the child’s emotional development. [IC 31-17-4-1] The court may modify an order granting or denying parenting time rights whenever modification would serve the best interests of the child.

Restrict Parenting Time

However, the court will not restrict a parent’s parenting time rights unless the court finds that the parenting time might endanger the child’s physical health or significantly impair the child’s emotional development. [IC 31-17-4-2] The parties can agree to a Child Visitation Schedule for the non-custodial parent (parenting time) and a defined schedule, and if they are unable to, the court will arrange a standard schedule that may include the following: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess-winter, spring and summer, New Year’s Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father’s Day with Father, Mother’s Day with Mother, alternate years on the children’s birthdays, and open communication by phone and computer. We suggest you have as much in writing as possible. Include who drops off and picks up, the times involved, what to do if one is consistently late, etc.

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