Indiana Parenting Time Guidelines modifications hearing

The Domestic Relations Committee [DRC] of the Indiana Judicial Center held a public input session on Friday 21 May 2010 to receive comment about the Indiana Parenting Time Guidelines. About 15 members of the public and stakeholders appeared and gave input. Following this session the DRC met to discuss the comments received during the hearing.

There was an overwhelming agreement that Section II(D)(1) provides the greatest confusion in the Guidelines.

"If the non-custodial parent misses a regular weekend because it is the custodial parent’s holiday, the regular alternating parenting time schedule will resume following the holiday.  If the non-custodial parent receives two consecutive weekends because of a holiday, the regular alternating parenting time schedule will resume the following weekend with the custodial parent."

I have talked to numerous judges, lawyers and parents who, among each group, have conflicting views on what this section means. The DRC clearly understands the problem and will be making a language change recommendation that will make this provision clear.

Numerous speakers made comments that included references to court ordered child support payments although the comment period was specifically for input on the Indiana Parenting Time Guidelines. The comments were not entire lost on the DRC but since the Indiana Child Support Guidelines were amended effective this year it is unlikely that those comments will receive further attention.

The most important consideration from my point of view is whether children are getting the necessary access to both parents. There was overwhelming opinion that the guidelines are not being used effectively to ensure that children are receiving that. The DRC has echoed the opinion that the established minimum parenting time is being used as the standard.

The guidelines were established to be a tool to assist parents, attorneys and judicial officers in crafting parenting time arrangements. Instead, with much of the fault being attributed to attorney's misinforming clients, the guidelines are being applied as a rule for parenting time. The DRC understands that they need to craft stronger language advising parties that the guideline parenting time is a minimum that should be considered when creating a parenting time plan.

The DRC established 11 areas that recommended changes will be made in. Assignments to those subcommittees were made during the afternoon meeting. In March I made a presentation to the DRC about "Virtual Visitation". This is one section that will be added to the Guidelines. I will also be seeking to have it added to the statutory framework in the 2011 session of the Indiana General Assembly.

Significant and informative feedback was also received in writing. I will be presenting some of those to you in the near future.

The DRC will meet in additional sessions this year for the purpose of writing the revisions to the guidelines. It is the goal of the DRC to have the revised guidelines available this year for consideration by the Indiana Supreme Court for adoption at the beginning of 2011. Information on this process and our proposals may be found here.


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