Sunday, May 18, 2008

Examining Indiana's Parenting Time Guidelines: The Parenting Time Statutes

Continuing my examination of Indiana's Parenting Time Guidelines, I am taking a side trip into the Indiana Code. Article 17 contains our statutes on custody and visitation rights and IC 31-17-4 contains Indiana's statutes on parenting time.

The statutes concern themselves with when parenting time may be denied outright:

A parent not granted custody of the child is entitled to reasonable parenting time rights unless the court finds, after a hearing, that parenting time by the noncustodial parent might endanger the child's physical health or significantly impair the child's emotional development.
IC 31-17-4-1(a)

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.
IC 31-17-4-2
The statutes also provide for the following remedies:
  1. Security, bond, or guarantee (IC 31-17-4-3)
  2. Attorney's fees, court costs, and litigation expenses (IC 31-17-4-3)
  3. Permanent injunction against custodial parent (IC 31-17-4-4)
  4. Temporary restraining order against custodial parent (IC 31-17-4-5)
  5. Contempt (IC 31-17-4-8)
  6. Then there is IC 31-17-4-9
    The remedies in this chapter are in addition to and do not limit other civil or criminal remedies available to the noncustodial parent.
The statutes do not define parenting time. The Guidelines define parenting time.

I would also remind those reading this who have parenting time under a paternity order to read my earlier post, Paternity and modifying visitation - Part 2, and what I see as a conflict between this statute and the paternity statutes.

Glancing at IC 31-17-4-3 has me now wondering if there is a conflict with IC 31-17-7, but attorney fees is a subject for another day.

I would ask that if you have anything to say about any experiences with the Indiana Parenting Time Guidelines that you use the Comments function below. It may be a benefit to others.


Anonymous said...

Judge Clase is a joke.....I have been before him pro-se 3 times and all three times I was denied visitation on the reason of back child support because of unemployment....the third time he put me in jail......If anyone would like to tell me how to file civil and criminal charges against this judge I would appreciate it.

Sam Hasler said...

Anonymous, it might have helped more if you told us if you had filed a contempt citation for your visitation and whether Judge Clase had given you the reasons for being denied visitation.