Monday, April 7, 2008

Parenting Time and Modification

I probably do not say this enough: if you have children then bookmark the Indiana Parenting Time Guidelines.

I should also remind people that the disclaimer on this blog means what it says, but I still things like the following:

If a divorce occurred prior to the current Indiana guidelines (adopted in 2000?)and the non-custodial parent petitions for the current Indiana parenting time guidelines, is it automatically granted by the Indiana judges?
The Parenting Time Guidelines say this about modification:
Variance from the Indiana Parenting Time Guidelines does not alone constitute good cause for amendment of an existing visitation order; however, a court or parties to a proceeding may refer to these guidelines in making changes to a parenting time order after the effective date of the guidelines.
Parents should also bookmark the Indiana Code (Indiana's statutes) on parenting time, IC 31-17. One section there sets out the law on modifying parenting time.
IC 31-17-4-2
Modification or denial; restriction of parenting time rights
Sec. 2. The court may modify an order granting or denying parenting time rights whenever modification would serve the best interests of the child. However, the court shall not restrict a parent's parenting time rights unless the court finds that the parenting time might endanger the child's physical health or significantly impair the child's emotional development.

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