Holiday parenting time is often a source of confusion. Since 2013 it has been even more complicated as are there are two sets of Guidelines what may apply. For information about which set of Guidelines apply to your situation, please see my general Parenting Time Guidelines page. This posting addresses only Holiday Parenting Time under the current Indiana Parenting Time Guidelines, not the 'old' Guidelines.
Holiday parenting time is controlled by when a child gets out of school, therefore, your situation may not follow this interpretation. The posting assumes the Carmel Clay 2017-2018 School Calendar, which defines Winter Break from Friday, December 22nd until Tuesday, January 9th.
The Guidelines provide the following schedule:
HOLIDAY PARENTING TIME SCHEDULE:
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 from Noon to 9:00 P.M. on Christmas Day.
4. No exchanges under this portion of the rule shall occur after 9:00 p.m. and before 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.
Thanksgiving. From 6:00 P.M. on Wednesday until 7:00 P.M. on Sunday, shall be exercised by the noncustodial parent in even numbered years and the custodial parent in odd numbered years.
After reviewing the Guidelines, if your child gets out of school on December 22nd at 3:00 p.m. and goes back on January 9th, there are 18 overnights of Winter Break (including the 22nd and the 8th as overnights), and 17 full days (not including the 23rd as a full day). One interpretation of the Guidelines for the winter holidays in 2016-2017 is as follows:
- Thanksgiving Break - with custodial parent in 2017; and
- Winter School Break - with noncustodial parent from December 22nd until December 31st, and then then the custodial parent would have the child on December 31st until the child returns to school. However, the custodial parent would also have noon to 9 p.m. on Christmas Day.
Looking for the "old" guidelines? Go here.