Parenting Time Lawyer | Advocating for Your Parenting Time Objectives

In Indiana, child visitation is referred to as “parenting time.” Indiana has adopted Parenting Time Guidelines that apply to parenting time matters, such as visits to the non-custodial parent.  The Indiana Parenting Time Guidelines are based on the premise that “it is usually in a child’s best interest to have frequent, meaningful and continuing contact with each parent.”  As a result, the Parenting Time Guidelines favor time for children with both parents.

As parenting time attorneys, we are committed to assisting clients in New Albany and throughout Southern Indiana to establish parenting time schedules that prioritize the well-being of children and maintain strong parent-child relationships. If you need assistance with a parenting time matter, we invite you to call our office to schedule a consultation with an experienced New Albany parenting time lawyer.

How Is Parenting Time Determined in Indiana?

The Parenting Time Guidelines cover a wide range of issues concerning how parenting time should be determined based on a number of considerations, such as:

  • the needs of the child,
  • the age of the child,
  • physical custody,
  • holidays, and
  • factors that may affect a parent’s availability and ability to provide quality parenting.

The Parenting Time Guidelines specify that “[t]he parents shall make every effort to establish a reasonable parenting time schedule.”  In most circumstances, both parents (and their children) are best served when the parents can reach a mutually beneficial agreement for parenting time schedules rather than leaving such determinations to a judge.

Unfortunately, in some situations, parents are not able to agree on parenting time schedules.  When a mutually beneficial arrangement cannot be reached, our firm often represents a parent in working with opposing counsel to develop a parenting plan that will be acceptable.

Often, through creative and innovative solutions, we can develop such a plan.  However, if an agreeable plan cannot be developed, we will represent our client in mediation and/or in court to further the interests of our client and his or her children.

Can Parenting Time Be Limited Or Eliminated?

Parenting time may be limited in a number of situations, such as if the parent is physically or emotionally abusive, is under the influence of alcohol or drugs, or if some other similarly adverse condition exists.  In the context of a divorce, you should notify your attorney if the other parent of your child or children is in any way unfit to have parenting time as the result of any of these or other circumstances that may pose a danger to your child or children.  Depending upon the circumstances, these and other matters may serve to limit the parenting time of the other parent, or third-party supervision may be required.

In severe cases, parenting time can be withheld – either temporarily or permanently.

If during or after a divorce the welfare of a child is in danger, you should contact the police or Department of Child Services immediately.   Then consider contacting our firm so that we can determine what other actions should be taken.

Should Parenting Time Be Resolved During or After a Divorce?

There may be a temptation to simply get a divorce finalized as soon as possible and worry about parenting time issues later, particularly if there is still an amicable relationship between the spouses.  Spouses may view that it is best to simply agree to a parenting time schedule during a divorce with the belief that the “real” parenting time schedule can be worked out later. This usually is not the ideal way to handle parenting time.

After the divorce, things will change.  Dating and other changes may occur.  Former spouses typically grow apart.  For many reasons, it’s best to create a detailed parenting plan during the divorce process while both parties are confronting property division and other aspects of the divorce, rather than waiting until later to finalize a parenting time plan.

Can Parenting Time Agreements Be Modified?

Yes, parenting time agreements can be modified. Life circumstances change, and an arrangement that once served the child’s best interests may need adjustments. As parenting time modification lawyers, we can assist in petitioning for modifications to your parenting time agreement, ensuring it continues to serve the best interests of your children.

Can Parenting Time Be Eliminated if My Spouse Cheated?

No. Indiana courts will not consider infidelity when making parenting time decisions.

Courts may, however, take into account the dating relationships of the parents and how this may impact the lives of any children that may be involved. In particular, courts are concerned about stability in the lives of children. If one parent is interested in having a partner spend the night while the children are at home, this may impact parenting time decisions.

If You Are Going Through A Divorce Or Need Legal Help For Parenting Time Issues, Schedule A Consultation With An Experienced New Albany Parenting Time Lawyer.

We combine our thorough understanding of Indiana’s Parenting Time Guidelines with a compassionate approach to legal representation, ensuring that your voice is heard and your parental rights are protected.

If you are facing parenting time issues or wish to establish a parenting time schedule in Southern Indiana, contact Mattox & Wilson today to schedule a consultation with an experienced parenting time attorney. We are ready to listen to your situation, offer legal guidance, and represent you in achieving your parenting time goals.

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