Indiana Laws on Child Visitation
- Indiana visitation laws encourage both parents to take a role in their children's lives.kids image by Marzanna Syncerz from Fotolia.com
As with most states, Indiana has specific guidelines in place for the parent who does not receive custody of his children as the result of a divorce. According to "Indiana Parenting Time Guidelines," which is used to set a noncustodial parent's visitation times, Indiana visitation laws 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." - According to Indiana State Code Title 31, the only way that a noncustodial parent will not be granted visitation rights is if the court finds after a hearing that the child's physical health and emotional development will be endangered by a parent's visits. The court is allowed to conduct an in-chambers interview with the child before making its ruling. If the court permits, then counsel is allowed to be present at the in-chambers interview.
- Title 31 states that Indiana courts can modify an original order that either granted or denied a parent's visitation rights if "the modification would serve the best interests of the child." The only way to restrict a parent's predetermined visitation time is if the court rules that the parent's visits have been hurting a child's physical and emotional health.
- If conflicts arise between the custodial parent and the noncustodial parent, Title 31 allows for the noncustodial parent to seek a permanent injunction against the custodial parent, but only if the custodial parent has prevented the noncustodial parent from exercising her court-ordered parenting time rights. This especially applies if the noncustodial parent has faithfully paid child support and was previously granted parenting time rights by the court. The noncustodial parent's first step would be to file a Verified Motion of Contempt with the court that originally decreed his visitation rights.
- If a noncustodial parent is part of the Indiana National Guard or is a member of a Reserves component of the U.S. Armed Forces and misses parenting time as a result of her duties, then she is allowed to make up missed parenting time.
Conditions for Visitation
Modifying Visitation Times
Conflicts Between Parties
Making Up Parenting Time
Source...