Saturday, December 8, 2012

Christmas Break Parenting Time Schedule - Indiana

The proposed changes to the Indiana Parenting Time Guidelines will most likely become effective in early 2013. That hasn't stopped some parents from adopting provisions from them already though. The most sought after and consequently voluntarily adopted change has been to the Christmas break. What is currently a rather convoluted scheme that can result in stretches of more exchanges than days has been simplified as follows.
B. Christmas Vacation.
The Christmas vacation shall be defined as beginning on the last day of school and ending the last day before school begins again. Absent agreement of the parties, the first half of the period will begin two hours after the child is released from school. The second half of the period will end at 6:00 p.m. on the day before school begins again. Each party will receive one half (1/2) of the total days of the Christmas vacation, on an alternating basis as follows:
1.In even numbered years, the custodial parent shall have the first one half (1/2) of the Christmas vacation and non-custodial parent shall have the second one half (1/2) of the Christmas vacation.
2.In odd numbered years, the non-custodial parent shall have the first one half (1/2) of the Christmas vacation and custodial parent shall have the second one half (1/2) of the Christmas vacation.
3. In those years when Christmas does not fall in a parent’s week, that parent shall have the child(ren) from Noon to 9:00 P.M. on Christmas Day.
4. No exchanges under this portion of the rule shall occur between 9:00 p.m. and 8:00 a.m., absent agreement of the parties. New Year’s Eve and New Year’s day shall not be considered separate holidays under the Parenting Time Guidelines.

The portion relating to New Year's Day has been removed.
C. Holidays.
In years ending with an even number, the non-custodial parent shall exercise the following parenting time:
[1] New Year's Eve and New Year's Day. (The date of the new year will determine odd or even year). From December 30th at 7:00 P.M. to 7:00 P.M. of the evening before school resumes.

While many are implementing this change into their parenting time schedules there is more resistance in my area of specialty – high conflict parenting. I use a strategy of trying to get the other parent to request the change. If my client suggests it then it is rejected automatically because that is just how some parents behave.

Much consideration was given to the will of parents, input from advisors such as myself and most importantly, the needs of and benefits to the children. Although not made a part of the guidelines, parents should be cognizant of the needs of children with attachment issues that may necessitate a modification to the half and half schedule. Some school systems will have breaks of nearly 20 days while others will only be nine.

I encourage everyone to begin using the proposed changes for the Christmas Break and continue from there. You may find the modified IPTG here.

If you would like assistance in drafting an agreement for modifying your current parenting time schedule then please visit my website and contact my scheduler to make an appointment to meet with me.

If you would like to follow my activities more closely then send a friend request to my Political FaceBook page.

Subscribe to this blawg.

More information about child custody rights and procedures may be found on the Indiana Custodial Rights Advocates website.

©2012 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.

No comments: