How is Child Visitation Determined in an Indiana Divorce?

The term “child visitation” defines the visitation rights granted by court to a non-custodial parent to access and spend time with his or her children. The limits of these visitation rights are determined by the judge based on what is “reasonable” and in the “best interest” of the child as per the Indiana Parenting Time Guidelines.

INDIANA PARENTING TIME GUIDELINES

This is a legally defined set of rules, defined by the Indiana Supreme Court that the court uses to determine visitation constraints and timings for the parent who does not hold custody of the child based on the child’s age. The term “parenting time” is used in the guidelines, instead of “child visitation”. Typically, the non-custodial parent has visitation every alternative weekend and a single evening at some point in the week

It also defines the rules for issues related to visitation, including:

Collaboration between ex-partners and with the child during visitations
Compensation for missed visits
Child transport for visitation
Child’s clothing during visitation
Child’s activity agenda
Visitation when non-custodial parent resides far away

Specific visitation schedules vary with child’s age to a minimal extent. Holidays are divided between the ex-partners. This includes the child’s birthday, Mother’s/Father’s Day, parents’ birthday, Christmas break, religious holidays, and other holidays like New Year’s, Memorial Day, Thanksgiving, and Easter.

REFUSAL OF VISITATION RIGHTS

The judge will not grant the non-custodial spouse visitation rights if the visit is deemed as physically or emotionally detrimental to the child. If the custodial spouse believes this to be true, he or she may appeal to court to grant supervised visitation or fully reject visitation rights. In such a case, the custodial parent will be required to prove in court that the visitation will be significantly dangerous to the child’s emotional or physical development, backed up by even evidence and witnesses. Amount of visitation permitted cannot be limited or extended in relation to the sum of legally ordered child support the non-custodial parents is giving.

LEGAL AMENDMENT OF VISITATION ORDERS

The same court may amend the non-custodial parent’s visitation orders at any point where it is proven to be mentally or physically affecting the child’s development. All amendments are made in the best interest of the child.

If you are facing child visitation issues in Indiana, you should consult with a child custody solicitor immediately to ensure your legal rights to child visitation are reimbursed. If backed with ample evidence, the court may change a previously issued child visitation order. Alternatively, it may command mediation between ex-partners.

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