How Is Parenting Time Determined in Indiana?

Parenting time is one of the most important issues parents face after a separation or divorce. Indiana law provides guidance, but the right schedule depends on the child and the family’s circumstances. This article explains the key factors that may shape an Indiana parenting-time plan.

Key Takeaways

• Parenting time is the time a child spends with each parent.
• Indiana has Parenting Time Guidelines that help parents and courts create parenting schedules.
• Indiana does not automatically require a 50/50 parenting schedule.
• The child’s age, school, parents’ work schedules, travel time, and other needs can affect the schedule.
• Infants and toddlers may need different schedules than older children.
• Holiday schedules may take priority over the normal weekly schedule.
• Parents should follow the existing court order unless they agree to a change or the court changes it.
• A good parenting plan should focus on what works for the child, not simply what seems equal to the parents.

When parents separate or divorce, one of the first practical questions is:

“When will I get to see my children?”

This question can become one of the biggest sources of stress in a family law case.

Indiana has Parenting Time Guidelines that help parents and courts create parenting schedules.

But the Guidelines do not mean that every family should have exactly the same schedule.

In my experience handling family law cases, parenting time works best when parents stop thinking only about dividing days and start thinking about what the schedule will actually mean for their child.

The goal should be to create a schedule that allows the child to have a good relationship with both parents when it is safe and appropriate.

What Is Parenting Time?

Parenting time means the time a child spends with each parent.

People sometimes call this “visitation.”

Indiana generally uses the term parenting time.

Parenting time is different from legal custody.

Legal custody deals with major decisions about the child, such as:

• Education;
• Health care; and
• Religious upbringing.

Parenting time deals with when the child is with each parent.

This means parents can share legal custody without having an equal parenting schedule.

This is something I often explain to clients because the word “custody” can cause confusion.

Sharing important decisions about a child and dividing the child’s time are two different issues. Understanding that difference can make it easier to talk about a parenting plan.

What Are the Indiana Parenting Time Guidelines?

Indiana has Parenting Time Guidelines for families in which parents live in separate homes.

The Guidelines are based on the idea that children should usually have frequent and meaningful contact with both parents.

They address many issues, including:

• Regular parenting schedules;
• Infants and toddlers;
• Holidays;
• School breaks;
• Summer parenting time;
• Transportation;
• Communication;
• Long-distance parenting; and
• Other common parenting issues.

The Guidelines are an important starting point.

But families are different.

One of the things I have learned from working with parents is that a schedule can look very reasonable on paper but be difficult in real life.

A court order has to work on Monday morning when the child needs to get to school. It has to work when a parent works late. It has to work when a child has basketball practice or needs to travel between two homes.

Those practical details matter.

Does Every Family Have to Follow the Same Schedule?

No.

There is no single parenting schedule that works for every family.

A schedule may need to consider:

• The child’s age;
• The child’s needs;
• School;
• Sports and activities;
• Each parent’s work schedule;
• Childcare;
• Distance between homes;
• Transportation;
• Medical needs; and
• Safety concerns.

In my experience, parents sometimes focus so much on what is fair to them that they forget to ask whether the schedule is practical for the child.

A parenting plan should not be created simply by counting hours.

It should work in the child’s real life.

Is Indiana Automatically a 50/50 Parenting-Time State?

No.

Indiana does not automatically require every child to spend exactly half of the time with each parent.

Some families use a 50/50 or nearly equal schedule.

That may work very well.

For other families, it may not.

I often encourage parents to look beyond the label “50/50.”

The better question is:

“Will this schedule work for my child?”

For example, equal parenting time may be easier when parents:

• Live close to each other;
• Live close to the child’s school;
• Have work schedules that fit the plan;
• Can handle transportation;
• Can communicate reasonably; and
• Can provide consistency between the two homes.

If parents live several hours apart, a schedule with frequent exchanges may be much harder on the child.

Equal time and good parenting are not always the same thing.

What Does a Normal Parenting Schedule Look Like?

There is no single “normal” schedule.

Some parenting plans include alternating weekends, weekday parenting time, holidays, and longer periods during the summer.

Other families use schedules that give both parents more equal time.

The right schedule depends on the family.

When I help a client look at a proposed schedule, I try to make it concrete.

Instead of simply saying, “This gives me seven days and gives the other parent seven days,” I think it is more useful to ask:

• Where does the child wake up on school days?
• Who takes the child to school?
• How long is the drive?
• What happens after school?
• How does the schedule affect sports?
• What happens when a parent works late?
• How often does the child have to pack and move between homes?

These questions help show whether a parenting schedule will really work.

What About Infants and Toddlers?

Very young children may need special consideration.

An infant has different needs than a 10-year-old.

A toddler has different needs than a teenager.

The Indiana Parenting Time Guidelines include provisions for infants and toddlers.

A schedule for a young child may need to consider:

• The child’s age;
• The child’s development;
• The child’s relationship with each parent;
• Who has been caring for the child;
• Feeding schedules;
• Sleeping schedules;
• The child’s ability to handle separation; and
• How often the child sees each parent.

In cases involving infants and toddlers, I believe it is especially important to look at the child’s developmental needs instead of simply trying to create equal blocks of time.

A schedule that works well for an older child may not be a good schedule for a baby or toddler.

Children change quickly at these ages. Parenting schedules may need to change as the child grows.

How Are Holidays Handled?

Holidays can create confusion.

A holiday schedule may take priority over the normal weekly parenting schedule.

For example, a parent may normally have a particular weekend. But if that weekend falls during a holiday assigned to the other parent, the holiday schedule may control.

Parenting plans often address:

• Christmas;
• Thanksgiving;
• Easter;
• Spring break;
• Mother’s Day;
• Father’s Day;
• Birthdays; and
• Other school breaks or holidays.

Holiday disputes are a good example of why I believe parenting orders should be written as clearly as possible.

Parents should not have to argue every Thanksgiving about when the child is picked up.

A detailed order can prevent many future problems.

What Happens During Summer?

Summer schedules may be different from the regular school-year schedule.

Parents may have longer periods with the child during summer vacation.

Families also have to deal with:

• Family vacations;
• Summer camps;
• Sports;
• Childcare;
• Travel;
• Out-of-state trips; and
• Other summer activities.

My advice is to deal with summer plans early whenever possible.

Waiting until a few days before a vacation to discuss travel plans can create unnecessary conflict.

A clear parenting plan can address how much notice must be given and what information should be shared.

Who Handles Transportation?

Transportation can become a major source of conflict.

Parents should know:

• Who picks up the child;
• Who returns the child;
• Where exchanges take place;
• What time exchanges occur;
• What happens if someone is late; and
• Whether another responsible adult can help with transportation.

I have found that some of the most frustrating parenting disputes are not really about custody at all. They are about logistics.

A 15-minute difference in pickup time may seem small, but if it happens every week and the order is unclear, it can create ongoing conflict.

Clear rules help.

What If the Parents Live Far Apart?

Distance changes parenting time.

Parents who live ten minutes apart have many more scheduling options than parents who live three hours apart.

Long-distance parenting may require:

• Longer parenting periods;
• Fewer exchanges;
• More summer parenting time;
• Longer school-break visits;
• Telephone or video calls;
• Travel arrangements; and
• Clear rules about transportation costs.

The child’s age also matters.

In my experience, travel time is sometimes overlooked when parents propose a schedule.

A three-hour trip is not simply three hours for the parents. It is three hours in the car for the child.

If that trip occurs often, the effect on the child should be considered.

The younger the child, the more important those practical concerns may become.

Can I Deny Parenting Time If Child Support Is Not Paid?

Generally, parenting time and child support are separate issues.

If the other parent does not pay support, that does not give you the right to deny court-ordered parenting time.

The reverse is also true.

A parent should not stop paying child support because the other parent denied parenting time.

I tell clients not to use one court order to punish the other parent for violating another court order.

If child support is not being paid, there are legal ways to address that problem.

If parenting time is being denied, there are legal ways to address that problem too.

Self-help can make the situation worse.

What If the Other Parent Is Always Late?

Occasional problems happen.

Traffic happens. Children get sick. Work runs late.

A single late exchange may not be a major legal issue.

A repeated pattern can be different.

If problems continue, keep a simple record showing:

• Date;
• Scheduled time;
• Actual time;
• What happened; and
• Important communications.

I recommend keeping these records factual and simple.

For example:

“Parenting time was scheduled for 6:00 p.m. He arrived at 8:15 p.m.”

That is more useful than:

“He is irresponsible and never respects my time.”

Facts are usually more helpful than angry conclusions.

Can Parenting Time Be Restricted?

Yes, in some cases.

Safety is important.

Cases involving issues such as:

• Domestic violence;
• Drug or alcohol abuse;
• Neglect;
• Dangerous behavior; or
• Other serious safety concerns

may require different parenting arrangements.

In some cases, the court may place conditions on parenting time or require supervision.

But parents should also understand that ordinary disagreements do not automatically justify restricting the other parent’s time with the child.

When safety is raised as an issue, I believe it is important to separate a real safety concern from conflict between the parents.

The focus should remain on evidence and the child’s welfare.

Can Parenting Time Be Changed?

Yes.

Children grow and family circumstances change.

A schedule that worked several years ago may no longer work.

Changes may be needed because:

• A child starts school;
• A parent’s job changes;
• A parent moves;
• The child becomes involved in activities;
• Transportation becomes difficult;
• The child becomes older; or
• Other important circumstances change.

I often remind parents that a parenting plan is designed for a child who will continue to grow.

The needs of a three-year-old may be very different from the needs of that same child at age 10 or 16.

Sometimes the parenting plan needs to grow with the child.

Can Parents Change the Schedule Themselves?

Parents often make temporary changes by agreement.

For example, parents may trade weekends for a wedding, vacation, family event, or work obligation.

Reasonable flexibility can be good for everyone.

But there is a difference between occasionally changing weekends and permanently changing a court order.

One practical concern I discuss with clients is what happens if today’s friendly agreement becomes tomorrow’s disagreement.

If the parents have permanently changed the schedule, it may be wise to have the new agreement properly written and approved by the court.

Otherwise, the old court order may still control.

What If the Other Parent Refuses to Follow the Order?

Court orders should be followed.

If the other parent repeatedly refuses to follow the parenting-time order, legal options may be available.

Before going back to court, it can be useful to identify the actual problem.

Is it:

• A misunderstanding?
• Unclear language in the order?
• One missed exchange?
• A repeated pattern?
• A transportation problem?
• A serious safety issue?

In my experience, identifying the real problem is important before deciding how to respond.

Some problems can be fixed with a clear conversation or a better agreement.

Others require court action.

Not every disagreement needs a hearing, but repeated violations should not simply be ignored.

Should a Parenting Agreement Be in Writing?

Yes.

Even parents who get along today should have a clear written parenting plan.

Things change.

Children grow.

Work schedules change.

New activities begin.

Parents move.

A good parenting plan should address:

• Weekly schedules;
• Holidays;
• Summer;
• Vacations;
• Transportation;
• Exchange locations;
• School activities;
• Sports;
• Phone and video calls;
• Travel; and
• Notice of schedule changes.

After handling family law matters, I have come to believe that clear parenting orders prevent conflict.

The more important details that are decided in advance, the fewer things parents may have to argue about later.

Keep Children Out of the Conflict

This may be one of the most important parts of parenting after separation.

Children should not be used as messengers.

They should not be asked to:

• Deliver messages;
• Discuss child support;
• Report what happens at the other parent’s home;
• Take sides; or
• Choose between their parents.

One of the most damaging things I see in custody disputes is when children become part of the parents’ conflict.

Whatever happened between the adults, the child should not feel responsible for fixing it.

Parents can disagree with each other while still giving their child permission to love both parents.

Frequently Asked Questions

Does parenting time mean the same thing as custody?

No.

Parenting time deals with when the child is with each parent.

Legal custody deals with major decisions for the child.

Is Indiana automatically a 50/50 parenting-time state?

No.

Some families use equal parenting time. Others do not.

The schedule should be based on the child’s needs and the facts of the family.

Can parents create their own parenting schedule?

Yes.

Parents can often agree on a schedule.

If the change is meant to be permanent, it is important to make sure the court order reflects the agreement.

Do holidays override normal weekends?

They can.

Parents should read their court order carefully to understand which schedule controls.

Can parenting time change as children get older?

Yes.

A schedule that works for a toddler may not work for a teenager.

What if the other parent will not follow the order?

Keep a factual record of serious or repeated problems and speak with an attorney about your options.

A Good Parenting Plan Should Work for the Child

One of the themes I return to with clients is simple:

Parenting time should be about the child, not about winning time from the other parent.

It is easy to focus on whether each parent has the same number of days or overnights.

But I believe there are better questions to ask:

Does this schedule give the child stability?

Can the child get to school without unnecessary travel?

Does it allow the child to have a good relationship with both parents?

Does it work with the parents’ jobs?

Is the transportation realistic?

Does it fit the child’s age and needs?

A good parenting plan should work in real life—not just on a calendar.

Speak With an Indiana Family Law Attorney

If you are dealing with parenting time, child custody, divorce, paternity, relocation, or another family law matter in Fort Wayne, Allen County, or Northeast Indiana, the Bellinger Law Office can help you understand your options.

My approach is to look at both the law and the practical details of the family’s situation. A parenting plan should protect the child’s best interests while also being clear enough for the parents to follow.

Contact the Bellinger Law Office to schedule a consultation about your Indiana parenting-time or family law matter.

Related Reading

How Is Child Custody Decided in Indiana?

Learn how Indiana courts look at the child’s best interests, legal custody, physical custody, joint custody, and other important factors.

This article is for general educational purposes only. It is not legal advice. Reading this article does not create an attorney-client relationship. Every legal matter depends on its own facts and circumstances.