Holiday parenting time is often a source of confusion. The time a parent has the child alternates each year and is affected by when the school break starts and ends. This posting will provide the specific language of the Guidelines and also an interpretation of what the Guidelines provide this year if your child's winter break is from December 17th - January 3th. Please note that the holiday parenting time is controlled by when a child gets out of school, therefore, may not follow this interpretation. For instance, this year Carmel Clay Schools' last day is Thursday the 16th, not the 17th.
To discuss this further please contact me.
Here is what the Indiana Parenting Time Guidelines say about the winter holidays:
HOLIDAY PARENTING TIME SCHEDULE
B. Christmas Vacation.
One-half of the period which will begin at 8:00 P.M. on the evening the child is released from school and continues to December 30 at 7:00 P.M. If the parents cannot agree on the division of this period, the custodial parent shall have the first half in even-numbered years. In those years when Christmas does not fall in a parent’s week, that parent shall have the child from Noon to 9:00 P.M. on Christmas Day. The winter vacation period shall apply to pre-school children and shall be determined by the vacation period of the public grade school in the custodial parent’s school district.
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.
[4] Thanksgiving. From 6:00 P.M. on Wednesday until 7:00 P.M. on Sunday.
After reviewing the Guidelines, if your child gets out of school on December 17th and goes back on January 4th, one interpretation of the Guidelines for the winter holidays in 2010 is as follows:
Thanksgiving Break - with noncustodial parent in 2010.
Winter School Break - with custodial parent from December 17th at 8 p.m. until December 23rd, then the noncustodial parent would have the child from December 23rd until December 30th at 7 p.m., whereupon the custodial parent would have the child from December 30th at 7 p.m. through January 3rd at 7 p.m. However, the custodial parent would also have the child from noon until 9 p.m. on December 25th(Christmas day).
In sum, the noncustodial parent does not have the child as much over the winter break this year; however, the noncustodial parent gets the Thanksgiving break, Christmas eve as well as Christmas morning.
Grandparent's Visitation Rights - Indiana Custody and Visitation Law
This is post addresses the scope of Grandparent's Visitation Rights in Indiana, and the standard to be applied by the court in determining Grandparent's Visitation Rights in Indiana.
Without a court order a grandparent does not have a presumptive right to visitation with a grandchild. In other words, unless allowed by a parent, a grandparent can't demand certain times with a child.
In Indiana, a grandparent may seek a visitation order with child only if (1) the child's parent is deceased; (2) the child's parents are divorced; or (3) the child was born out of wedlock, but only if the child's father has established paternity. I.C. § 31-17-5-1.
A court may grant visitation if it determines that “visitation rights are in the best interests of the child.” I.C. § 31-17-5-2. When a court enters an order granting or denying grandparent visitation, it is required to set forth findings of fact and conclusions of law. McCune v. Frey, 783 N.E.2d 752, 757 (Ind.Ct.App.2003). And, in those findings and conclusions, the court must address:
(1) the presumption that a fit parent acts in his or her child's best interests;
(2) the special weight that must be given to a fit parent's decision to deny or limit visitation;
(3) whether the grandparent has established that visitation is in the child's best interests; and
(4) whether the parent has denied visitation or has simply limited visitation.
In re Guardianship of J.E.M., 870 N.E.2d 517, 520 (Ind.Ct.App.2007).
Finally, a grandparent cannot reasonably expect to receive a visitation order that gives them substantial time. The Indiana Supreme Court recently recognized that "that although the amount of visitation is left to the sound discretion of the trial court, “[t]he Grandparent Visitation Act contemplates only ‘occasional, temporary visitation’ that does not substantially infringe on a parent's fundamental right ‘to control the upbringing, education, and religious training of their children.’ ”KI ex rel. JI v. JH, 903 NE 2d 453 (Ind.2009)
UPDATE - there are presently bills before both house to alter GP's visitation law. Here is a link to the senate bill. Feel free to post your comments and concerns.
Without a court order a grandparent does not have a presumptive right to visitation with a grandchild. In other words, unless allowed by a parent, a grandparent can't demand certain times with a child.
In Indiana, a grandparent may seek a visitation order with child only if (1) the child's parent is deceased; (2) the child's parents are divorced; or (3) the child was born out of wedlock, but only if the child's father has established paternity. I.C. § 31-17-5-1.
A court may grant visitation if it determines that “visitation rights are in the best interests of the child.” I.C. § 31-17-5-2. When a court enters an order granting or denying grandparent visitation, it is required to set forth findings of fact and conclusions of law. McCune v. Frey, 783 N.E.2d 752, 757 (Ind.Ct.App.2003). And, in those findings and conclusions, the court must address:
(1) the presumption that a fit parent acts in his or her child's best interests;
(2) the special weight that must be given to a fit parent's decision to deny or limit visitation;
(3) whether the grandparent has established that visitation is in the child's best interests; and
(4) whether the parent has denied visitation or has simply limited visitation.
In re Guardianship of J.E.M., 870 N.E.2d 517, 520 (Ind.Ct.App.2007).
Finally, a grandparent cannot reasonably expect to receive a visitation order that gives them substantial time. The Indiana Supreme Court recently recognized that "that although the amount of visitation is left to the sound discretion of the trial court, “[t]he Grandparent Visitation Act contemplates only ‘occasional, temporary visitation’ that does not substantially infringe on a parent's fundamental right ‘to control the upbringing, education, and religious training of their children.’ ”KI ex rel. JI v. JH, 903 NE 2d 453 (Ind.2009)
UPDATE - there are presently bills before both house to alter GP's visitation law. Here is a link to the senate bill. Feel free to post your comments and concerns.