State: Indiana

Going through any kind of divorce can be difficult, but it is especially easy to feel overwhelmed when you have to develop a shared parenting plan. Losing precious moments with your children is a frightening thought, and the legal requirements of creating parenting plans are complex and burdensome. Without a parenting plan in place, however, you may find yourself dealing with increased conflict and uncertainty in parental roles, which lead to harm for your children.

Co-parenting can be tough, but coming up with a co-parenting plan doesn’t have to be with help from Cordell & Cordell. Our professionals are happy to offer a beacon of hope to those navigating this complicated process in Indiana. Look at how we can help draft a plan that protects your child and your rights.

Revised 2022 Indiana Parenting Plan

Beginning January 1, 2022, Indiana’s revised parenting plan guidelines were released, which focus on shared rather than parallel parenting. With parallel parenting, both parents are given responsibilities that tend not to involve the other parent very much. Meanwhile, shared parenting fosters an environment of effective parental communication and cooperation.

This change was primarily motivated by the pandemic, which left some parents struggling to keep their children safe while also remaining compliant with court orders. Shared parenting plans are an attempt to remedy this, making it easier for divorced parents to fulfill their responsibilities without compromising the child’s safety.

What is Shared Parenting?

Shared parenting is a co-parenting model designed to assist parents who do not need as much separation in their personal relationship to foster a more seamless experience for their children in each home. The central idea is to make each parent’s home feel like a home for the child so they are safe and comfortable no matter which parent they stay with at any given time. The model is for parents that can cooperate and agree to the shared parenting plan. It’s up to each parent to help create a strong bond between the child and both parents.

The Benefits of Shared Parenting In Indiana

Shared parenting offers a multitude of benefits for your family. Here are just a few that shared parenting practices can offer for your children.

• Better relationships with both parents
• Better attention and performance at school
• Better levels of social and psychological health
• Less likely to abuse drugs and alcohol
• Less likely to suffer from stress-related issues like anxiety and depression

Shared parenting can additionally offer benefits for the parents themselves such as the following.

• Shared responsibility for children, which eases the burden on the individual
• Scheduling parenting time forces an establishment of a routine
• Increased cost-sharing on everyday items

Common Challenges and Solutions in Shared Parenting

Quite a few challenges can present themselves in shared parenting arrangements. Here are a few of the most common alongside potential solutions.

• One parent misses their parenting time: If one parent does not show up when they’re supposed to, the other parent is forced to make last-minute arrangements or pick up the slack personally. If cancellation is a recurring issue, the responsible parent can document these incidents and use them to justify modifying the custody agreement.
• One parent denies access to their child for the other parent: Sometimes, parents will purposely deny their ex-spouse access to the child. These incidents must be documented and can then be used to support a modification to the custody agreement. Note that this applies regardless of what excuses the denying parent uses, such as the child not wanting to stay with the other parent.
• One parent slanders the other in front of your children: Sometimes, in divorce or separation cases, one of the parents may try to manipulate their children by portraying themselves as the good one while portraying the other parent as the bad one. In such cases, it is best to avoid getting involved in these matters and instead, focus on maintaining a healthy relationship with your children. Children will eventually form their own opinions based on their own experiences, and it is important to respect their decisions and emotions.
• One parent slanders the other to people in your child’s life: One parent may slander the other to teachers, family, friends, and other adults in your child’s life. Again, the best course of action is to focus on the relationship you have with your child. People will decide for themselves what kind of parent you are based on your actions, not what your ex has to say about you.
• One parent ignores agreed avenues of communication: Every co-parenting arrangement is different, but they tend to all involve a specific way of communication between the parents. If you and your ex agreed on text messages, for example, it can be a serious problem when they repeatedly fail to respond to your texts. You can remedy this by noting a specific response window or time of week to expect replies. If that doesn’t work, you may need to document this problem and use it to help justify a modification to the agreement.

Parenting Plans for High-Conflict Parents

Shared parenting can be extremely difficult when two parents cannot work with one another. Every interaction they have could ultimately turn into an argument, and that makes the actual parenting part of the relationship very difficult. To remedy high-conflict situations, a parenting coordinator can be appointed to the case either by agreement of the parties involved or by court order.

The parenting coordinator works to educate the parents on how their behavior affects the child and facilitates healthy communication and cooperation between all parties involved. If the parents do not take the parenting coordinator’s advice and/or recommendations, the coordinator can make reports to the court for further consideration.

Why Work With Cordell & Cordell?

Cordell & Cordell has extensive experience working in family law in Indiana. We facilitate a communicative attorney-client relationship and take an aggressive approach to protecting your rights and advocating for the future of your family and children. Take a look at what some of our previous clients had to say about our services.

“Someone, maybe the person that started the firm, wrote a book regarding the perspective of a man, which was a really great recourse and set the tone regarding the Firm as it relates to men and divorce. [My attorney] has a lot of experience and is a valuable asset for the Firm.” — Anonymous

“​Cordell and Cordell has it figured out and streamlined. I liked that I could see everything on the website, including documents I had turned in.” — Richard G.

Factors To Consider For Shared Parenting

Shared parenting may be right for your situation as long as you consider the following factors:

• How much joint work needs to be done for childcare?
• How well the child can adapt to changes
• The age of the child
• The physical, emotional, and mental health and needs of the child
• How well you get along with your ex-spouse
• How interested both parents are in raising the child and committing to parenting responsibilities
• Ability to accommodate differences
• How positive the child’s relationship is with both parents
• The co-parenting relationship between the parents
• The parenting styles of both parents
• The decision-making skills of both parents

Having a shared parenting plan does not stop child support. Child support is designed to cover the costs of raising the child, so it can be affected by shared parenting arrangements. Since shared parenting typically offers a lot of time with your child, you may find that child support payments are less than what you would experience without shared custody.

Also know that shared parenting plans can be modified over time. Certain aspects of a parenting plan can have a designated end date in the agreement, and the agreement itself can be changed due to extenuating circumstances. Additionally, a shared parenting plan should leave room for flexibility regarding parenting time. For example, the parents should be able to schedule makeup time without involving the courts.

Fighting For Your Fair Share

Shared parenting is a great solution for many children, but you may have to fight for what’s fair. That’s where Cordell & Cordell can help. Our family law attorneys have extensive experience advocating for clients in child custody cases, divorce cases, and beyond to fight for a fair shot. Contact our team today by filling out our online contact form or calling 866-323-7529 to schedule an initial consultation.

As a non-custodial parent in Indiana, your parenting time with your child is always a high priority.

That being said, sometimes life events come along that can inevitably affect your parenting time in significant ways. Relocation is one such event that can necessitate a change to your parenting time structure.

For example, a lucrative and exciting job offer may come along that would require you moving to another state, but you might be hesitant to accept that offer because of your concern for how such a move would affect your parenting time.

Indiana child custody laws and the Indiana Parenting Time Guidelines provide guidance on how to handle such a situation.

Notice of Relocation

Indiana Code 31-17-2.2-1 requires a parent to file Notice with the court regarding any proposed relocation. Upon filing Notice with the Court and submitting the same to your ex, a new parenting time arrangement will likely need to be determined.

Modification of your parenting time order will need to account for the best parenting time arrangement for the amount of distance to be traversed to exercise that parenting time.

Parenting Time From A Distance

The Indiana Parenting Time Guidelines includes a proposed parenting time schedule for “Parenting Time When Distance is a Major Factor.” The amount and structure of parenting time varies depending on the age of your child under the guidelines.

For young children, the guidelines propose exercising parenting time twice per week for five-hour periods every week in the community of the custodial parent.

Keep in mind that the newly revised guidelines encourage the proposed parenting time schedules to be treated as a minimum schedule and not necessarily the “default” schedule. So if you have consistently spent liberal time with your young child, then it is appropriate to request more parenting time than the minimum amount outlined.

For children 3-4 years of age, the guidelines suggest up to six one-week segments of parenting time per year, with each segment separated by at least six weeks.

Such a parenting time schedule is usually proposed to ensure that a small child is not away from his or her primary residence for extended periods of time, to prevent confusion for the child. Again, however, if you have historically spent liberal parenting time with your child, then it may be proper to ask for a more extensive parenting time schedule.

For children over the age of 5, the non-custodial parent’s parenting time schedule depends on the child’s school schedule. Generally, the non-custodial parent will have liberal parenting time during all school breaks.

For a traditional school calendar, this means seven weeks in the summer, Spring Break, and seven days during Winter Break. For a year-round or “balanced” school schedule, the parenting time schedule should be enough to provide the parent with at least the same amount of parenting time he or she would receive under the traditional school calendar.

Deviations From Proposed Parenting Time Schedule

The court may find it reasonable to grant additional parenting time above the guidelines-proposed schedule if the distance to be traveled is less than a few hours.

A judge may order parenting time one weekend per month on top of the “Distance as a Major Factor” schedule or over long weekends, etc., if appropriate. The non-custodial parent would also be entitled to liberal parenting time whenever he or she is in the area where the child resides, or if the child is in the non-custodial parent’s area at any time as well.

Courts generally expect the parents to work together to facilitate as much parenting time as is feasible for the non-custodial parent.

Responsibility of Transportation Costs

One additional factor that would need to be discussed is the cost of transportation for parenting time when distance is an issue. Splitting costs is determined on a case-by-case basis by the court, but these are a few examples of considerations the court makes when issuing an order on this point.

The court will look to multiple factors, including the income shares of each party, whether it would be financially burdensome for one party to contribute significantly to the costs, and the basis for the decision to relocate.

Conclusion

If you are considering relocating, it is prudent to consult with an Indiana family law attorney to discuss your options.

Relocation will lead to necessary changes to your parenting time schedule, but if the relocation is being pursued to better your life and the life of your family, then you have solutions to continue a meaningful relationship with your child.

Read related article: “Relocation of Custodial Parent in Indiana“

The Indiana Supreme Court recently changed the Rules of Appellate Procedure. Most of the changes streamlined the procedure and eliminated some redundancies.

One rule change that you as an appellant or appellee, or as someone who may consider an appeal of an adverse ruling, should know is a change to Appellate Rule 9.

Appellate Rule 9 is titled “Initiation of the Appeal” and addresses the content and filing of the Notice of Appeal. One of the subdivisions of this Rule addresses the preparation of, and paying for, transcripts of any hearing that are designated in the Notice of Appeal.

An appeal is now subject to dismissal if a transcript is not prepared within the time limits, and there are now time limits to arrange for the paying of the transcript.

Specifically, Rule 9(F)(5) states “(5) Request for Transcript. A designation of all portions of the Transcript necessary to present fairly and decide the issues on appeal. If the appellant intends to urge on appeal that a finding of fact or conclusion thereon is unsupported by the evidence or is contrary to the evidence, the Notice of Appeal shall request a Transcript of all the evidence. In Criminal Appeals, the Notice of Appeal must request the Transcript of the entire trial or evidentiary hearing, unless the party intends to limit the appeal to an issue requiring no Transcript.”

This is where you, as the party on appeal, can request all of a hearing (i.e., “hearing held XX/YY/ZZ”) or a specific potion (i.e., “testimony of expert Dr. XYZ”).

Indiana Appellate Rule Change

The rule change is Rule 9(H): “H. Payment for Transcript. Within thirty (30) days after the filing of a Notice of Appeal a party must enter into an agreement with the court reporter for payment of the cost of the Transcript. Unless a court order requires otherwise, each party shall be responsible to pay for all transcription costs associated with the Transcript that party requests.”

This arrangement can be a specific payment plan or a deposit followed by the remainder on delivery. This is negotiated between you and the court reporter.

The Importance of the Rule Change

This is vital because Rules 10 and 11 authorize the dismissal of the appeal if the transcript is not completed on time and require a certification that Rule 9(H) has been complied with.

Appellate Rule 10(G) requires you, as the Appellant, to seek an order to compel the trial court clerk to file the Certificate of Completion of the transcript within 15 days after such certificate was due.

If you fail to seek such an order, your appeal can be dismissed: “10.G Failure to File Notice of Completion of Transcript. If the trial court clerk or Administrative Agency fails to issue, file, and serve a timely Notice of Completion of Transcript required by Rule 10(D), the appellant shall seek an order from the Court on Appeal compelling the trial court clerk or Administrative Agency to issue, file and serve the Notice of Completion of Transcript. Failure of appellant to seek such an order not later than fifteen (15) days after the Notice of Completion of Transcript was due to have been issued, filed, and served shall subject the appeal to dismissal.”

The request for this order must include a verification (statement under oath) that the arrangements for payment of the transcript required under Rule 9(H) were complied with:

11.D. Failure to Complete Transcript. If the court reporter fails to file the Transcript with the trial court clerk within the time allowed, the appellant shall seek an order from the Court on Appeal compelling the court reporter to do so. The motion to compel shall be verified and affirmatively state that service as required under Rule 24(A)(1) was properly made and that the appellant has complied with the agreement for payment made in accordance with Rule 9(H). Failure of appellant to seek such an order not later than fifteen (15) days after the Transcript was due to have been filed with the trial court clerk shall subject the appeal to dismissal.”

Other Appeal Deadlines to Consider

As the party on the appeal, you must be aware of the following timeline. Some of these deadlines are not referenced in this article but are in other parts of the Rules of Appellate Procedure:

1. Deadline to file Notice of Appeal: 30 days after the entry of a Final Judgment is noted in the Chronological Case Summary. However, if any party files a timely motion to correct error, a Notice of Appeal must be filed within thirty (30) days after the court’s ruling on such motion is noted in the Chronological Case Summary or thirty (30) days after the motion is deemed denied under Trial Rule 53.3, whichever occurs first.
2. Deadline to make arrangements to pay for the transcript: 30 days after the filing of a Notice of Appeal.
3. Deadline to file Transcript: 90 days after filing of Notice of Appeal (there are provisions for filing an extension of this deadline).
4. Notice of Completion of Transcript: trial clerk has 5 days after receiving the completed transcript from the court reporter to file this.
5. Deadline to seek order compelling completion of the transcript: 15 days after the transcript was due under Step 3 (including any extensions of time) with a verification that the appellant has complied with the agreement for payment made in Step 2.

Indiana Divorce Lawyers

Your best recourse would be to seek out immediate legal assistance from an attorney who focuses on domestic litigation, such as the Cordell & Cordell Indiana divorce lawyers who serve clients in all Indiana counties.

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.