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Indiana's New Parenting Time Guidelines

The Indiana Supreme Court has adopted new Parenting Time Guidelines, which are to be used by all Indiana trial courts in dissolution and paternity cases. The guidelines are designed to assist parents and the courts in the development of parenting plans. They set forth the minimum time a non-custodial parent should have with a child, unless there is a valid reason for an award of less time. These Guidelines supersede the various visitation guidelines previously adopted by individual counties in the state.

The new Guidelines were created by the Domestic Relations Committee of the Judicial Conference of Indiana after extensive review of current and relevant literature concerning visitation, the visitation guidelines of other areas, and input from child development experts and family law practitioners. The Committee also conducted a survey of judges, attorneys, and mental health professionals who work with children, and reviewed court files before holding a public hearing. The new Parenting Time Guidelines are premised on a child's need to have frequent, meaningful, and continuing contact with each parent. Throughout the Guidelines the term "parenting time" has been used instead of the term "visitation," in order to emphasize the importance of the time a parent spends with a child. Many of the Guidelines are followed by commentary that further explains the rule and the philosophy behind it. The Guidelines provide specific parenting time provisions for infants and toddlers, which were not previously addressed in many local county guidelines, and for the adolescent and teenager. The Guidelines also consider parenting time when there is a significant geographical distance between the parents. The new Guidelines are intended to promote uniform orders throughout the state.

Variance from the new Guidelines will not provide a reason to amend an existing visitation order. Although the court or the parents may use the Guidelines in modifying a visitation order, it is not mandatory.

The Guidelines are available on the Indiana Judicial System Website at www.state.in.us/judiciary/.


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