Indiana Parenting Time Guidelines and Holiday Schedules

The Indiana Supreme Court has approved an amended version of the Indiana Parenting Time Guidelines, which went into effect on March 1, 2013, and can have significant impact on cases.

The Indiana Parenting Time Guidelines are the policies on which the court usually relies for establishing the rules for each case’s implementation of child custody, parenting time, exchanges of information about children, and generally how the parties in a case should interact with regard to their children. The revised Guidelines only apply to orders issued after March 1, 2013, unless specified otherwise in orders issued before said date.

The Indiana legislature has updated the Guidelines to include several modifications, including changes to the Holiday Parenting Time schedule, which will be Section II.F., of the revised Guidelines as of March 1, 2013.

Significant changes outlined below include amendments to the Christmas Break schedule, adding an amendment for Fall Break, including Martin Luther King, Jr., Day and President’s Day, and clarifying other amendments within the Holiday Parenting Time Section.

The following parenting times are applicable in all situations referenced in these Guidelines as “scheduled holidays” with the limitations applied as indicated for children under the age of three (3) years. If a child is three (3) years or older, but not yet enrolled in an academic child care program or educational facility, then the district school calendar of the district where the child primarily resides shall control for the purpose of determining holiday parenting time. If the parties equally share parenting time, then the district school calendar of the parent paying controlled expenses shall be used to determine holiday parenting time. If a child is three (3) years or older and enrolled in an academic child care program or educational facility, then the program or educational facility’s calendar where the child is enrolled shall control for the purpose of determining holiday parenting time.

Weekend Parenting Time Over Holidays

One major change to the Parenting Time Guidelines includes eliminating the previous requirement that the non-custodial parent could not have three weekends in a row due to the holiday schedule. This provision often caused confusion among parents and resulted in abrupt changes in the children’s schedules by causing a deviation from the regular alternating-weekend rotation they would regularly exercise.

In the new Guidelines, the alternating weekend schedule never changes, so if a holiday weekend falls on the non-custodial parent’s weekend, they will receive parenting time on that weekend as well as their regular alternating weekends.

Conversely, if a holiday granted to the custodial parent falls on the non-custodial parent’s weekend, that weekend is essentially lost. While it may in the short-term feel like each parent loses time, overall the change is meant to provide a clearer and more consistent schedule, so that it is easier to determine your rotating weekends (if applicable).

Christmas Break Changes

The Christmas vacation shall be defined as beginning on the last day of school and ending the last day before school begins again. Absent agreement of the parties, the first half of the period will begin at 6:00 P.M. the day the child is released from school. The second half of the period will end at 6:00 P.M. on the day before school begins again.

Each party will receive one half (1/2) of the total days of the Christmas vacation, on an alternating basis as follows:

In even numbered years, the custodial parent shall have the first one half (1/2) of the Christmas vacation and noncustodial parent shall have the second one half (1/2) of the Christmas vacation.

In odd numbered years, the noncustodial parent shall have the first one half (1/2) of the Christmas vacation and custodial parent shall have the second one half (1/2) of the Christmas vacation.

In those years when Christmas does not fall in a parent’s week, that parent shall have the child from Noon to 9:00 P.M. on Christmas Day.

No exchanges under this portion of the rule shall occur after 9:00 P.M. and before 8:00 A.M., absent agreement of the parties.

New Year’s Eve and New Year’s Day shall not be considered separate holidays under the Parenting Time Guidelines.

New Holidays Added

The following holidays shall be exercised by the noncustodial parent in even numbered years and the custodial parent in odd numbered years:

[1] Martin Luther King Day. If observed by the child’s school, from Friday at 6:00 P.M. until Monday at 6:00 P.M.

[2] Presidents’ Day. If observed by the child’s school, from Friday at 6:00 P.M. until Monday at 6:00 P.M.

[3] Memorial Day. From Friday at 6:00 P.M. until Monday at 6:00 P.M.

[4] Labor Day. From Friday at 6:00 P.M. until Monday at 6:00 P.M.

[5] Thanksgiving. From 6:00 P.M. on Wednesday until 6:00 P.M. on Sunday.

The following holidays shall be exercised by the noncustodial parent in odd numbered years and the custodial parent in even numbered years:

[1] Spring Break. From 6:00 P.M. the day the child is released from school on the child’s last day of school before Spring Break, and ending 6:00 P.M. on the last day before school begins again.

[2] Easter. From Friday at 6:00 P.M. until Sunday at 6:00 P.M.

[3] Fourth of July. From 6:00 P.M. on July 3rd until 6:00 P.M. on July 5th.

[4] Fall Break. From 6:00 P.M. the day the child is released from school on the child’s last day of school before Fall Break and ending 6:00 P.M. of the last day before school begins again.

[5] Halloween. On Halloween evening from 6:00 P.M. until 9:00 P.M. or at such time as coincides with the scheduled time for trick or treating in the community where the parent exercising parenting time resides.

Effect on Older Custody Orders

Please note that any orders already in existence prior to March 1, 2013, will not be subject to the new Guidelines.

One party must file a Petition with the court for the new Guidelines to apply. Modification of the Guidelines alone will not be seen as a basis for modification of child custody or parenting time, but if both parties agree that application of the updated Guidelines is best for their case, then they can file an agreement with the court reflecting the same.

If you are interested in modifying your current order so that the new Indiana Parenting Time Guidelines would apply or have any questions regarding the new Guidelines, contact one of Cordell & Cordell’s Indiana offices.