Parenting Time Rights
Any parent who is not granted primary custody of a child is entitled to reasonable parenting time or visitation with that child, except in circumstances where a judge determines that visitation with the noncustodial parent may endanger the child's physical health or emotional development. Parenting time is another term for “visitation,” and it refers to the noncustodial parent’s right to see his or her child. Courts often order frequent visitation to noncustodial parents so that both parents can maintain a strong and healthy relationship with their children.
Indiana courts encourage parents to develop their own parenting time schedules. If the parents cannot agree on the terms of the visitation arrangement, however, the court will develop a parenting time schedule for them. Indiana adheres to the Indiana Parenting Time Guidelines, which will be used to create a schedule if the parents cannot agree to their own visitation arrangement. It is within the Court's discretion, however, to order a parenting time schedule that deviates from the guidelines.
A noncustodial parent will not necessarily be automatically granted visitation rights. If the judge has any reason to suspect past abuse or neglect, for example, he or she can order that the parent either have supervised visitation or none at all. An Indiana family law attorney can help formulate a parenting time schedule that works best for you, your spouse and your children. To discuss your case with an experienced family law attorney at the Abel Law Firm, call 812.238.2121 today OR contact us online.
Enforcing Parenting Time Orders
An injunction may be filed against a custodial parent who fails to adhere to a parenting time order or refuses to allow the noncustodial parent the allotted visitation time with the child. In order to file for an injunction, the noncustodial parent must:
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Have been granted parenting time rights with a child who resides with the custodial parent;
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Regularly pay court-ordered child support; and
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Have been prevented from exercising parenting time rights by the custodial parent.
If the judge finds that the custodial parent has violated the parenting time order without justifiable cause, the custodial parent may be held in contempt of court, be required to pay the noncustodial parent's attorneys' fees and court costs and be required to perform community service without compensation. If your ex-spouse refuses to follow the parenting time order, call 812.238.2121 to discuss your legal options.
Call 812.238.2121 to Learn More About Your Parenting Time Rights from an Indiana Family Law Attorney.
If you are going through a divorce, or want to modify your parenting time schedule, you should seek the advice of an experienced family law attorney. For the past 25 years, Eric Abel has devoted his practice primarily to divorce and child custody cases. The Abel Law Firm provides aggressive, compassionate representation in all family law matters. To discuss your case with an experienced family law attorney, call 812.238.2121 today OR contact us online.
