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Are you unsure of your parenting time rights under Indiana law, or has a co-parent made it difficult for you to spend time with your child? If so, you’re not alone, and you don’t have to figure all of this out by yourself. Parenting time disputes can feel overwhelming, but Indiana law gives you clear rights and ways to push back in situations where other parties infringe upon those rights. An experienced lawyer can help you understand those rights, act on them quickly, and make a significant difference in your case.
Our family law attorneys are here to listen to your story and help you move forward. Our parenting time attorneys serve clients throughout Fort Wayne and Northeast Indiana, and we take pride in providing personalized, responsive representation to every client we work with. Contact our law firm now to arrange a free consultation and learn how we can help you protect your relationship with your child.
If you’re in the middle of a divorce, custody, or paternity case in Indiana, you’ll likely encounter the term “parenting time.” This is Indiana’s official term for what many people call visitation – the schedule that determines when each parent spends time with their child.
Parenting time is separate from legal custody, which covers decision-making authority over things like the child’s education and healthcare, and physical custody, which refers to where the child primarily lives. Indiana courts handle parenting time cases with the presumption that children benefit from having a meaningful, ongoing relationship with both parents. Fort Wayne judges do not prioritize one parent over the other based on factors like gender or income.
When Indiana courts make parenting time decisions, they apply what the law calls the “best interests of the child” standards. In plain terms, this means the judge focuses entirely on what arrangement will best serve your child’s health, happiness, and development, rather than on what either parent wants. Indiana law gives courts a specific list of factors to consider when making this determination, including:
Indiana courts use the Indiana Parenting Time Guidelines as a baseline when establishing parenting time schedules. The Guidelines typically serve as a floor, not a ceiling. Parents can always agree to more parenting time, and courts encourage that, but they generally will not order less than what the Guidelines suggest.
The Guidelines provide recommended schedules based on a child’s developmental stage. For infants and toddlers, they favor frequent, shorter visits to support bonding without disrupting the child’s need for routine. For school-age children, a common arrangement is alternating weekends with the noncustodial parent, plus a midweek visit. Teenagers tend to receive greater consideration for their own preferences and schedules.
The Guidelines also establish a detailed framework for holidays and school breaks, often alternating major holidays like Thanksgiving, Christmas, and spring break between parents each year. Extended summer parenting time can also give noncustodial parents longer blocks of time with their kids, often several weeks, to facilitate strong relationships outside of the school year.
Every family’s dynamics change over time, so parenting time orders that worked well when a child was five may not make sense when they are twelve. As such, Indiana law allows courts to modify parenting time orders whenever doing so would serve the child’s best interests. Common reasons parents seek parenting time modifications include significant changes in work schedules, parental relocation, children’s evolving needs, or concerns about parental conduct.
If you and the other parent agree on a new arrangement, you can work with your lawyers to prepare and submit a written agreement to the court for approval. If you disagree on whether a modification is necessary, you will need to file a motion in Allen County court and have a judge decide.
If a parent refuses to follow a court-ordered parenting time schedule, they are effectively violating a court order, and the other parent can take legal action in response. Under Indiana law, a parent who faces repeated interference with parenting time can seek an injunction to enforce the order. Courts can also hold the offending parent in contempt, award make-up parenting time, and, in cases involving serious or repeat offenses, reconsider the underlying custody arrangement altogether.
In the most egregious situations, interference with court-ordered parenting time may even be treated as a criminal offense. If someone is denying you parenting time, start documenting every missed visit, communicate with the other parent in writing so you have a record, and contact a family law attorney as soon as possible. Swift and methodical action will give you the strongest possible position in court.
Not every parenting time situation fits a standard schedule, and Indiana courts have tools to address a wide range of special circumstances. For example, if a court finds that unsupervised parenting time would endanger a child, it can order supervised visits, where a neutral third party or a professional supervisor must be present. In situations involving domestic violence, Indiana law creates a presumption in favor of supervised parenting time for at least one year following the offense. Courts also take substance abuse and mental health concerns seriously and may require treatment or testing as a condition of parenting time.
If parents live far apart, long-distance arrangements typically involve fewer but longer visits, with more extended time during summers and school breaks. Indiana courts also recognize virtual parenting time, such as regular video calls, as a meaningful way for a parent to stay connected with their child in between in-person visits.
Parenting time disputes are deeply personal, and you deserve an attorney who handles them that way. At Myers & Wallace, LLP, our Fort Wayne family lawyers bring over 50 years of combined experience to every case, and we know that no two families are alike. Attorney Caryn Wallace has guided hundreds of clients across Northeast Indiana through a wide range of family law matters, including complex parenting time and custody disputes. Caryn approaches each case with legal skill and genuine care for the people she represents.
Our lawyers also know how much communication matters in these cases. When you have questions, we respond quickly, and we keep you informed throughout the process. Whether you need help establishing a parenting time order, enforcing one, or modifying an existing arrangement, our law firm is here to help you protect your relationship with your child and do what’s best for your family.
If you need help with a parenting time case in Northeast Indiana, the lawyers at Myers & Wallace, LLP, are here to provide it. We know that every family’s situation is unique, and we’ll take the time to understand yours before we recommend a path forward. Contact our law firm today to arrange your free consultation with a parenting time attorney in Fort Wayne.
Myers & Wallace, LLP helps with a wide variety of legal needs throughout Indiana. If you need assistance for a case relating to employment law, civil rights, criminal defense or personal injury call us at 260-424-0600 so we can get started on developing your personalized strategy.
