Indiana Parenting Time Guidelines

The Indiana Parenting Time Guidelines are used to set visitation for the parent who does not have custody of the child. The guidelines use the words "parenting time" instead of the word visitation. You can read the Guidelines at Indiana Parenting Time Guidelines. Your local court may be able to give you a copy of the Guidelines. If you are going to court concerning visitation, you should read the Guidelines before you go to court.

The Indiana Supreme Court established the Guidelines. The Guidelines include the actual rules, and "commentary" about the rules. The "commentary" helps to explain the rules. You should read both the actual rules and the commentary.

The Indiana Child Support Bureau operates a parenting time helpline for anybody looking for guidance on the implementation of the Indiana Parenting Time Guidelines.  Staffed by licensed attorneys, it’s available Monday-Friday, 11:00 am – 6:00 pm ET at 1 (844) 836-0003 or via email at PTHelpLine@dcs.in.gov

What exactly do the Guidelines do?

The Guidelines give specific visitation schedules for children based upon the children's age. The Guidelines also provide rules for many other parts of visitation, including:

• parent communication with each other and with the children;
• transportation of the children for visitations;
• children's activity schedules;
• making up missed visitations;
• clothing for the children during visitations.

If the court has ordered visitation according to the Indiana Parenting Time Guidelines, you should read through the Guidelines when you have any questions. The Guidelines have a lot of information.

Do courts have to use these Guidelines when deciding visitation issues?

Yes, the courts are supposed to use these Guidelines. However, the court does not have to follow the Guidelines if the court has good reasons not to. If the court does not use the Guidelines, the court must state in writing why it is not using them.

Do these Guidelines apply to all custody cases?

Yes, the Guidelines apply to all child custody situations. However, the Guidelines do NOT apply to situations involving:

• Family violence.
• Substance abuse.
• Risk of parent running away with a child.
• Any circumstances that would hurt the child physically or emotionally.

What kind of visitation do the Guidelines call for?

The Guidelines are fairly specific. The exact visitation depends on the child's age and other factors, such as how much contact the visiting parent has had with the child in the past. Here is a brief overview of the visitation.

Birth through age 4months:

• 3 "days" per week, 2 hours per day (the days should not be in a row)
• all scheduled holidays for 2 hours
• one overnight per week if the visiting parent has taken care of the child regularly

age 5 months – age 9 months:

• 3 "days" per week, 3 hours per day (the days should not be in a row)
• all scheduled holidays for 3 hours
• one overnight per week if the visiting parent has taken care of the child regularly

age 10 months- age 12 months:

• 3 "days" per week, 8 hours on a non-work day and 3 hours on the other two days (the days should not be in a row)
• all scheduled holidays for 8 hours
• one overnight per week if the visiting parent has taken care of the child regularly

age 13 months-age 18 months:

• 3 "days" per week, 10 hours on a non-work day and 3 hours on the other days
• all scheduled holidays for 8 hours
• one overnight per week if the visiting parent has taken care of the child regularly

age 19 months-36 months:

• every other week-end on Saturdays for 10 hours and on Sundays for 10 hours (overnight if the visiting parent has taken care of the child regularly)
• one "day" during the week for 3 hours (overnight if the visiting parent has taken care of the child regularly)
• all scheduled holidays for 10 hours

ages 3 and over:

• every other week-end from Friday at 6:00 pm until Sunday at 6:00 pm
• one evening per week for up to four hours
• all scheduled holidays

What if my children are different ages and fall into different age groups?

The Guidelines presume that the children should stay together for visitations, so the court may order that your younger children visit at the same time as the older children. Your younger children may then follow the visitation schedule set for older children.

However, the court can actually order different visitation for the children.

What about summers?

For kids under 3, there is no extended visitation in the summer. For 3 and 4 year olds, the visiting parent gets up to 4 weeks (not in a row). For children 5 and older, the visiting parent gets one half of the summer vacation.

Who chooses when the summer visitation will take place?

If possible, the parents should discuss and agree on the visitation times. If they can't agree, the non-custodial parent must tell the custodial parent by April 1st when he or she wants summer visitation. If the non-custodial parent does not do this by April 1st, then the custodial parent decides when the summer visitation will be.

What are the scheduled holidays?

The Guidelines give specific visiting times for the following "scheduled holidays" (which includes holidays and special days):

Mother's Day
Father's Day
Child's Birthday
Parent's Birthday
Christmas vacation
New Year's Eve and Day
Memorial Day
Labor Day
Thanksgiving
Spring Break
Easter
Fourth of July
Halloween
Other religious based holidays

What happens if the parents live far away from each other?

The Guidelines recognize there will need to be changes if parents live far from each other. The Guidelines make suggestions for how to do visitation if the parents live far from each other.

Last revised: 8-2003
LSC Code: 1310200