Friday, June 25, 2010

Indiana & Overnight Child Visitation Laws

It is important for separated parents to continue to act in their child's best interests.


The Indiana Parenting Time Regulations are the guidelines followed by the Indiana family court when determining the extent of a non-custodial parent's overnight visitation rights. The Regulations are to be used as a model; priority must always be given to acting in the best interests of the child. Unless deemed otherwise, the premise is that it is usually in the child's best interest to have frequent and continuous overnight contact with both parents.


Early Infancy


It is recommended that babies have overnight parenting time with the non-custodial parent for one night per week.


The Indiana Parenting Time Regulations advise that in relation to children in early infancy (i.e. from birth to 18 months), the non-custodial parent may have overnight visitation for one night per week, provided he or she has previously demonstrated a regular pattern of care and responsibility for the child prior to the separation. Consideration should be given to the stability of the infant's schedule, and disruption should be kept to a minimum.


Later Infancy


Overnight parenting time with the non-custodial parent is considered to be important for the development and wellbeing of the child


The Regulations allow that for children aged 19 to 36 months, overnight stays with the non-custodial parent may take place. In the case of non-custodial parents who did not initially exercise substantial care responsibilities, overnight parenting time can be recommended provided the scheduled parenting time under the guidelines has been adhered to for a continuous period of at least 9 months.


Older Children


By the time a child is 3 years old, the non-custodial parent should have more overnight parenting time.


For children aged 3 years and over, the family court in Indiana recommends that the non-custodial parent has regular overnight parenting time on alternate weekends, from 6 p.m. on Friday until 6 p.m. on Sunday, plus additional overnight parenting time of up to 4 non-consecutive weeks per year, and half of school vacation time. If the parents live enough distance apart to warrant it, it is reasonable to extend a regular evening visit to an overnight stay.


Adolescents and Teenagers


It is recommended that teenagers have extensive overnight parenting time with the non-custodial parent.


Overnight parenting time with the non-custodial parent on alternate weekends, during vacations and for a lengthy period during the summer are recommended for adolescents and teenagers in Indiana. The guidelines advise that parents consider the child's involvement in academic and extra-curricular activities when scheduling overnight parenting time. The Indiana family court considers the most crucial factor in keeping a teenager safe from harm is strong family ties to both parents, which are thought to be strengthened by overnight parenting time with the non-custodial parent.







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