Indiana Parenting Time Guidelines - What do I do to Increase my Parenting Time?

What is the Legal Standard for Modification of Parenting Time?

You may be in a position where custody has been established and you were awarded parenting time pursuant to the Indiana Parenting Time Guidelines. The non-custodial parent is often wondering how to go back to court to get more parenting time. And further, you are probably wondering how to tell if it is an appropriate time to come back to Court. The standard for modification of Parenting Time in Indiana is set out by IC § 31-17-4-2 which provides that a Court may modify an order granting or denying parenting time rights whenever modification would serve the best interests of the child. So when you have been to Court already once, how do you go back and show that more time is in the best interests? Typically you show what has changed in the situation and how allowing more parenting time makes sense.

Things to Do

There are several things you can be doing to help yourself in Court. The following list is not exhaustive but provides examples of the types of things you should be thinking about and doing to show that a change makes sense in your situation.

KNOW YOUR CHILD’S TEACHERS

Get involved with your children’s school. Know the teachers, the principle, what they are best at and where they need help. Download the appropriate school apps, go to school programs, attend parenting teacher conferences, and set up your own line of communication with the teacher to receive important paperwork. A lot of people may not know this, but Indiana Code § 20-33-7-2 provides custodial parents and non-custodial parents equal access to school records. So be sure to get involved, because even if you are the non-custodial parent, you can make a big impact in your child’s schooling and it is up to you to get involved.

PARTICIPATE IN ACTIVITIES

Become a coach or group leader. Get involved and help share in transportation to and from activities. Being an active participant helps grow your child’s interaction in the community and being a part of that can help increase your parenting time.

ATTEND MEDICAL APPOINTMENTS

Take part in your child’s healthcare and know what is going on.

LIVE IN CLOSE PROXIMITY

How far apart parents live from each other plays into a parenting time decision. A court would consider things such as: Are you able to get them to school in the morning without a long drive? Are frequent parenting time exchanges possible? Proximity also makes exercising additional parenting time easier. Though it is not always possible to live in close proximity, it can definitely help make obtaining more parenting time possible.

GET YOUR CHILDREN TO SCHOOL ON TIME

If you are exercising a midweek overnight, make sure you get your children to school on time. A judge may not want to increase your weekday parenting time if you show you are unable to get them to school without being tardy.

EXERCISE OPPORTUNITY FOR ADDITIONAL PARENTING TIME

Are there times where your child is in childcare or a third patrias care? For example maybe you have time off around Christmas vacation where your child can spend time with you instead of in daycare. The Indiana Parenting Time Guidelines provide an opportunity for additional parenting time in these circumstances. Taking these opportunities regularly could help justify and increase in parenting time.

BE COOPERATIVE

Be the bigger person and don’t get tempted into being angry via text or email. These days everything is documented and you don’t want to face seeing your hostile or inappropriate texts in Court. Keep your communication clear and about the children. And also, contact your lawyer if there are problems that can’t be worked out. We are here to help.

DOCUMENT WHAT YOU ARE DOING

Doing all of the above only helps if you have evidence about what you are doing. Don’t wait and hope you remember all of the details. You should keep a calendar documenting all of your parenting time and everything you do with your child. Courts like to see facts and evidence and a calendar is a clear exhibit that outlines what has been happening with your parenting time.

Further questions

Please call Vining Legal if you have questions or would like help creating a plan to change your Custody or parenting time.