Indiana Parenting Time Guidelines: Resolving Disputes & Relocation Challenges
Parenting time disagreements, relocation, and enforcement issues are common challenges in co-parenting. The Indiana Parenting Time Guidelines provide a framework to resolve disputes, handle relocation notices, and enforce parenting time orders fairly.
This guide covers:
How to resolve parenting time disagreements without court intervention
Legal requirements for relocation
Enforcement of parenting time, including contempt, injunctions, and penalties
📞 Need legal guidance on parenting time disputes or relocation? Contact Vining Legal at (317) 759-3225.
1. Resolving Parenting Time Disagreements
📌 Guideline Reference: Indiana Parenting Time Guidelines, Section E(1)
When parents disagree about parenting time, they must attempt to resolve disputes before going to court.
Steps to Resolve Disputes
✔ Discuss the issue directly with the other parent.
✔ Consider mediation before taking legal action.
✔ Focus on the child’s well-being, not parental conflict.
👉 Bottom Line: Courts expect parents to communicate and cooperate before filing legal actions.
2. Mediation: A Required Step Before Court Action
📌 Guideline Reference: Indiana Parenting Time Guidelines, Section E(2)
If parenting time disputes escalate to court, mediation is required unless a judge orders otherwise.
What is Mediation?
✔ A neutral mediator helps parents reach an agreement.
✔ The goal is to find solutions outside of court.
✔ If mediation fails, the court will make a final decision.
👉 Bottom Line: Mediation can save time and legal fees while promoting amicable co-parenting.
3. Child Hesitation: Parents Must Ensure Compliance
📌 Guideline Reference: Indiana Parenting Time Guidelines, Section E(3)
If a child is reluctant to attend parenting time, both parents must ensure compliance.
Key Rules for Child Hesitation
✔ A child cannot decide whether parenting time occurs.
✔ Parents should identify the reason for hesitation and work together to resolve concerns.
✔ If a parent believes the child’s safety is at risk, they must take appropriate action while respecting the other parent’s rights.
👉 Bottom Line: If a child refuses visits without safety concerns, both parents must encourage compliance.
4. Relocation: Legal Notice & Court Requirements
📌 Guideline Reference: Indiana Parenting Time Guidelines, Section E(4)
📜 Legal Authority: Indiana Code § 31-17-2.2
If a parent plans to relocate, Indiana law requires:
✔ 30-day advance notice by registered or certified mail.
✔ Filing notice with the court if the move affects custody or parenting time.
✔ The notice must include:
New address & phone number 📍
Reason for relocation 📄
Proposed new parenting time schedule 📆
Explanation of the non-relocating parent’s rights ⚖️
🚨 Exceptions: Notice is not required if:
The move reduces the distance between parents.
The move does not increase travel by more than 20 miles.
The child remains in the same school district.
👉 Bottom Line: Relocation without proper notice can result in legal consequences.
5. Withholding Support or Parenting Time is Illegal
📌 Guideline Reference: Indiana Parenting Time Guidelines, Section E(5)
Key Legal Rules
✔ Child support and parenting time are separate issues.
✔ A parent cannot withhold support if the other parent denies parenting time.
✔ A parent cannot withhold parenting time due to unpaid support.
👉 Bottom Line: Only the court can issue penalties for violating a court order.
6. Enforcing Parenting Time in Indiana
📌 Guideline Reference: Indiana Parenting Time Guidelines, Section E(6)
If a parent violates parenting time orders, the court may take enforcement actions, including:
A. Contempt of Court
🚨 Violating a court order can lead to:
✔ Fines 💰
✔ Jail time ⛓️
✔ Community service 👨⚖️
🔗 For more details on contempt proceedings in Indiana child custody cases, read this guide:
Contempt of Court in Indiana Child Custody Cases: What You Need to Know
B. Injunctive Relief
📜 Legal Authority: Indiana Code § 31-17-4-4
✔ A parent who regularly pays child support but is denied parenting time can file for an injunction.
C. Criminal Penalties
📜 Legal Authority: Indiana Code § 35-42-3-4
✔ Interfering with custody or visitation may be a criminal offense.
D. Attorney Fees & Litigation Costs
✔ Courts may order the violating parent to pay the other parent’s legal fees.
✔ Fees are awarded if one parent knowingly violates a court order.
👉 Bottom Line: Violating a parenting time order can result in legal penalties.
Conclusion: Resolving Parenting Time Disputes Legally
The Indiana Parenting Time Guidelines prioritize cooperation and legal compliance in parenting time disputes. Parents must communicate and attempt mediation before filing legal action. However, if a parent violates court orders, there are legal remedies to enforce parenting time rights.
📞 Need Legal Help?
If you’re dealing with parenting time disputes, relocation issues, or enforcement concerns, Vining Legal can help. Call (317) 759-3225 or schedule a consultation today.
