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 will provide the specific language of both the "old" Indiana Parenting Time Guidelines and the "new" Indiana Parenting Time Guidelines, if your child's Winter Break is from Friday, December 16, 2016 and the first day back will be Tuesday, January 3, 2017.  

Please note that the holiday parenting time is controlled by when a child gets out of school, therefore, your situation may not follow this interpretation. 

Here is what the "old"  Indiana Parenting Time Guidelines presently say about the winter holidays:

HOLIDAY PARENTING TIME SCHEDULE (Under the Old Guidelines). 

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.

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 16th and goes back on January 3rd, one interpretation of the Guidelines for the winter holidays in 2016-2017 is as follows:

• Thanksgiving Break - with noncustodial parent in 2016; 
• Winter School Break - with the custodial parent from December 16th 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. (except that the custodial parent would have noon to 9 on Christmas Day) whereupon the custodial parent would have the child from December 30th at 7 p.m. and for the balance of the break. 

Here is what the “new” Indiana Parenting Time Guidelines say about the winter holidays (note: the new guidelines still refer to the school Winter Break as a “Christmas Vacation” – but I call it Winter Break like every school system and because this is my blog):

HOLIDAY PARENTING TIME SCHEDULE (Under the New Guidelines). 

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 new Guidelines, if your child gets out of school on December 16th, at 3:00 p.m. and goes back on January 3rd, there are 18 days of Winter Break (counting 12/16/16 as a 'day' but not counting 1/3/17 as a 'day').  One interpretation of the Guidelines for the winter holidays in 2016-2017 is as follows:

• Thanksgiving Break - with noncustodial parent in 2016; and
• Winter School Break - with custodial parent from December 16th until December 24th, and then then the noncustodial parent would have the child on December 24th until January 2nd. However,  the custodial parent would also have noon to 9 p.m. on December 25th, Christmas Day.

To discuss this please contact me. To see all of my postings on this topic search here. 

Looking for the "old" guidelines? Go here.