What to Do If You Are Denied Parenting Time in Indiana
When a parent is denied parenting time despite a court-ordered custody arrangement, it can be incredibly frustrating and emotionally distressing. Fortunately, Indiana law provides legal remedies to enforce parenting time and hold non-compliant parents accountable.
If you are facing this situation, taking legal action through a contempt motion may be necessary to restore your time with your child. As an Indiana family law attorney, I have helped numerous parents reclaim their rightful parenting time through the court system. Here’s what you need to know about how to take action and protect your parental rights.
Understanding Parenting Time Violations in Indiana
When a court issues a custody and parenting time order, both parents are legally required to follow it. Unfortunately, some parents refuse to comply, making it difficult for the other parent to maintain a strong relationship with their child.
Common parenting time violations include:
✔ Missed Visitations – The other parent refuses to allow you to see your child during scheduled time.
✔ Blocking Holiday Visits – Denying access during special occasions despite court orders.
✔ Last-Minute Cancellations – Frequently canceling visits without valid reasons.
✔ Refusing Phone or Virtual Contact – Ignoring agreements that allow calls or video chats.
🚨 If these violations continue, filing a contempt motion can help enforce your rights.
What is a Contempt Action?
A contempt action is a legal filing that informs the court that the other parent is violating the parenting time order. If a judge finds them in contempt, they can order compliance and impose penalties.
💡 A contempt action may lead to:
✔ Make-up parenting time to compensate for missed visits.
✔ Fines or attorney's fees paid by the violating parent.
✔ Modifications to the parenting plan if the violations continue.
📌 Related Reading: When Will a Judge Change Custody in Indiana?
How to Prove Parenting Time Violations
To successfully file a contempt motion, solid evidence is crucial. Courts need proof of repeated violations, not just isolated incidents.
Key Evidence to Document:
📅 Parenting Time Journal – Maintain a calendar tracking missed visits and violations.
📱 Text Messages & Emails – Save communications showing refusal to comply.
📷 Photo Evidence – Take pictures of attempted exchanges if the other parent does not bring the child.
🔊 Witness Statements – If others witness parenting time violations, their testimony can support your case.
🚨 The more documentation you have, the stronger your contempt case will be.
How to File a Contempt Motion in Indiana
If the other parent repeatedly denies parenting time, you can take the following steps:
1. Gather Your Evidence
✔ Keep a log of missed parenting time.
✔ Save all written communications and proof of violations.
2. File a Contempt Motion
✔ Work with an attorney to draft and file a Motion for Contempt, outlining how the other parent violated the court order.
📌 Related Reading: How to Enforce a Child Custody Order in Indiana
3. Attend the Contempt Hearing
✔ The judge will review the evidence and listen to both parties.
✔ If found in contempt, the court will issue orders to enforce parenting time.
💡 Judges can modify the custody order if violations are serious or ongoing.
📌 Helpful Resource: Custody X Change – A tool to help document parenting time and track violations.
Why You Need a Family Law Attorney
Filing a contempt action requires strong legal arguments and supporting evidence. An attorney can:
✅ Ensure your motion is properly filed.
✅ Help you collect and present compelling evidence.
✅ Argue for make-up parenting time and attorney’s fees.
✅ Seek modifications to the parenting plan if violations persist.
If you are being denied parenting time, taking legal action is the best way to protect your rights.
📌 Related Reading: How to Obtain Custody of a Child in Indiana
Take Action – Contact Vining Legal Today
Don't let repeated violations damage your relationship with your child. You have legal options to enforce your parenting time.
📞 Call Vining Legal at (317) 759-3225 or
🔗 Schedule a Free Consultation
Your parenting time matters—get the legal support you need today. 🚀