Indiana Parenting Time: How to Increase Visitation After a Difficult Past

For many parents with a challenging history, securing meaningful parenting time can be an uphill battle. Courts prioritize a child's best interests, and parents with past criminal convictions, substance abuse issues, or other concerns may initially face supervised visitation or limited contact. However, as demonstrated in Moslander v. Vincent, change is possible.

If you are a parent seeking to expand parenting time—even after facing restrictions—this guide will provide hope, legal insight, and practical steps to help you build a stronger case.

📞 Need legal help with parenting time? Call Vining Legal at (317) 759-3225 for a free consultation.

1. Understanding Parenting Time Modifications in Indiana

Legal Basis for Modifying Parenting Time

Under Indiana Code § 31-14-14-1, a noncustodial parent is entitled to reasonable parenting time unless the court finds that it may:
✔ Endanger the child’s physical health or well-being, or
✔ Significantly impair the child’s emotional development.

However, Indiana law favors increasing parenting time when circumstances improve. Indiana Code § 31-14-14-2 states that courts may modify an order whenever it serves the child’s best interests.

👉 Bottom Line: If you’ve made positive changes in your life, you have a legal basis to seek increased visitation—even if you previously faced restrictions.

2. The Case of Moslander v. Vincent

Background

✔ Father’s History: Initially, Father had supervised visitation due to past criminal convictions for domestic violence and kidnapping. The court ordered limited parenting time because of concerns for the child’s safety.
✔Supervised Visits: Father had 28 visits with a parenting coordinator and 15-19 additional supervised visits at a parenting time center.
✔ Request for More Parenting Time: After demonstrating change, Father petitioned for unsupervised visitation.

Court’s Decision

✔ Granted Unsupervised Parenting Time: The court awarded one weeknight (3 hours), alternating Saturdays (5 hours), and holiday visits (5 hours).
✔ No Overnight Visits Yet: The court did not grant overnight parenting time but allowed increased visitation.
✔ Key Factors the Court Considered:

• Father maintained 4 years of sobriety.

• Father completed co-parenting classes & therapy.

• No concerns were reported by the parenting coordinator.

• Father had stable employment, housing, and reliable transportation.

👉 Key Takeaway: Courts reward positive change and may expand parenting time if a parent demonstrates growth and responsibility.

3. Steps to Take to Increase Your Parenting Time

If you are currently facing supervised visitation or limited parenting time, follow these steps to build a case for modification:

Address Any Court-Identified Concerns

If past issues like substance abuse, criminal history, or domestic violence led to restricted parenting time, you must:

• Maintain sobriety (if substance use was a factor).

• Complete recommended therapy or counseling.

• Attend co-parenting classes to improve communication with the other parent.

Be a Consistent & Responsible Parent

• Regularly attend all scheduled visits.

• Follow all court-ordered parenting rules.

• If you miss a visit, communicate and reschedule responsibly.

Document Your Efforts & Progress

• Keep a parenting time journal recording all visits and interactions.

• Obtain testimonies from supervisors, counselors, or parenting coordinators.

• Show proof of stable employment, housing, and a safe environment.

Hire an Attorney to Present Your Case

Courts require strong evidence before modifying parenting time. A family law attorney can:

• Prepare a compelling case demonstrating why increased time benefits the child.

• Gather supporting documentation from professionals (counselors, parenting coordinators).

• Advocate for you in court and handle legal filings.

📞 Want to modify your parenting time? Call Vining Legal at (317) 759-3225 today.

4. Can a Parent with a Criminal Record Get More Visitation?

Yes. Having a past conviction does not mean permanent supervised visitation. Courts evaluate current behavior, rehabilitation efforts, and the child’s best interests when modifying parenting time.

✔ The key is proving change.
✔ Parenting time restrictions are not meant to be permanent if a parent demonstrates improvement.

5. What to Expect in a Parenting Time Modification Hearing

If you petition for more parenting time, expect the court to evaluate:
✔Parental Stability: Employment, housing, and overall lifestyle.
✔ Parent-Child Relationship: Whether the child feels safe and comfortable.
✔ Co-Parenting Cooperation: Willingness to work with the other parent.
✔ Expert Testimonies: Input from parenting coordinators, counselors, or therapists.

Conclusion: Never Give Up on Your Parenting Rights

Key Takeaways from Moslander v. Vincent

✔ Courts favor expanded parenting time when parents demonstrate positive change.
✔ Even with a past criminal record, increased visitation is possible.
✔ Supervised visits can transition into unsupervised parenting time.
✔ Documenting progress is essential in a modification case.

If you’re facing parenting time restrictions but have turned your life around, you may be eligible for increased visitation.

📞 Call Vining Legal at (317) 759-3225 or schedule a consultation to start your parenting time modification case today.