Grant County Visitation

Grant County has problems with its Local Rules on visitation. One problem concerns a conflict between Indiana's Child Support Guidelines and the Local Rule. The other problem is a conflict with The Indiana Parenting Time Guidelines.

For practical purposes, I think two points can be made about the problems of the Grant County visitation rules. First, these local rules should apply only to cases to cases that have not been modified to incorporate the Indiana Parenting Time Guidelines. Second, these rules need to be consulted when calculating child support arrears for older child support cases (and this may be the most nightmarish problem I can think of).

What I do like about the Grant County Local Rules are these provisions:

F. The days and times of specific visitation are set forth as rights of the non-custodial parent if the parents cannot otherwise agree. Parents are encouraged to agree to any other visitation and to adjust the times or dates of specific visitation if necessary to reasonably accommodate the other parent.

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H. The non-custodial parent shall notify the custodial parent at least 48 hours in advance of their intent not to exercise the specific visitation. Children may be very disappointed and hurt if a parent fails to show up when expected.

These ideas do get expressed in the Indiana Parenting Time Guidelines but not quite so bluntly.

The specific Rules conflicting with The Indiana Parenting Time Guidelines read as follows:

6. The non-custodial parent shall have regular visitation with the children at all reasonable and proper times as follows:

B. On alternating holidays during odd (O) and even (E) numbered years as follows:
O from 6:00 p.m. New Year’s Even until 6:00 p.m. New Year’s Day
O Memorial Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.
O Labor Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.
O from 6:00 p.m. Christmas Eve until Noon on Christmas Day
O Evening before child’s birthday from 6:00 p.m. until 8:00 p.m.
E Easter weekend from 6:00 p.m. on Friday until 6:00 p.m. on Sunday
E from 6:00 p.m. July 3rd until 10:30 p.m. July 4th
E from 6:00 p.m. Thanksgiving Eve until 8:00 p.m. Thanksgiving Day
E Christmas Day from noon until 8:00 p.m.
E day of child’s birthday from 6:00 p.m. until 8:00 p.m.
Father’s Day – always with father from 12:00 noon until 6:00 p.m.
Mother’s Day – always with mother from 12:00 noon until 6:00 p.m.

Meanwhile, the Indiana parenting Time Guidelines have this to say about holiday visitation:

2. Holiday Schedule. The following parenting times are applicable in all situations referenced in these Guidelines as “scheduled holidays” with the limitations applied as indicated for children under the age of three (3) years.

A. Special Days.

[1] Mother’s Day. With the child’s mother from Friday at 6:00 P.M. until Sunday at 6:00 P.M.

[2] Father’s Day. With the child’s father from Friday at 6:00 P.M. until Sunday at 6:00 P.M.

[3] Child’s Birthday. In even numbered years the non-custodial parent shall have all of the children on each child’s birthday from 9:00 A.M. until 9:00 P.M. However, if the birthday falls on a school day, then from 5:00 P.M. until 8:00 P.M.

In odd numbered years the non-custodial parent shall have all of the children on each child’s birthday on the day before the child’s birthday from 9:00 A.M. until 9:00 P.M., however, if such day falls on a school day, then from 5:00 P.M. until 8:00 P.M.

[4] Parent’s Birthday. From 9:00 A.M. until 9:00 P.M. with that parent, however, if the parent’s birthday falls on a school day, then from 5:00 P.M. until 8:00 P.M.

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 30^th at 7:00 P.M to 7:00 P.M. of the evening before school resumes.

[2] Memorial Day. From Friday at 6:00 P.M. until Monday at 7:00 P.M.

[3] Labor Day. From Friday at 6:00 P.M. until Monday at 7:00 P.M.

[4] Thanksgiving. From 6:00 P.M. on Wednesday until 7:00 P.M. on Sunday.

In years ending with an odd number, the non-custodial parent shall exercise the following parenting time:

[1] Spring Break. From Friday at 6:00 P.M. through Sunday of the following weekend at 7:00 P.M.

[2] Easter. From Friday at 6:00 P.M. until Sunday at 7:00 P.M.

[3] Fourth of July. From 6:00 P.M. on July 3^rd until 10:00 A.M. on July 5^th.

[4] Halloween. On Halloween evening from 6:00 P.M. until 9:00 P.M. or at such time as coincides with the scheduled time for trick or treating in the community where the non-custodial parent resides.

The differences vary from the major (Christmas vacation seems a major variance to me) to the minor (several return times differ by an hour or more). I would also point out that Grant County does not have the Parenting Time Guidelines' requirement of a make up visitation. Contempt follows only the denial of visitation and denial along with denial of make up time.

Another major difference comes with Summer visitation. Here is the Grant County Local Rule on Summer visitation:

D. The non-custodial parent shall also have visitation for four (4) nonconsecutive weeks during the summer as follows: the second full week of June, commencing at Noon the Sunday thereof; the last full week of June, commencing at Noon the Sunday thereof; the last week of July, commencing at Noon on the Sunday thereof; and the second week of August, commencing at Noon the Sunday thereof.

The following comes from The Indiana Parenting Guidelines:

2. Extended Parenting Time (Child 3 through 4 Years Old)

Up to four (4) non-consecutive weeks during the year beginning at 4:00 P.M. on Sunday until 4:00 P.M. on the following Sunday, the non-custodial parent to give sixty (60) days advance notice of the use of a particular week.

3. Extended Parenting Time (Child 5 and older)

One-half of the summer vacation. The time may be either consecutive or split into two (2) segments. The noncustodial parent shall give notice to the custodial parent of the selection by April 1 of each year. If such notice is not given, the custodial parent shall make the selection.

If a child attends year-round school, the periodic breaks should be divided equally between the parents.

If a child attends summer school, the parent exercising parenting time shall be responsible for the child’s transportation to and attendance at school.

During any extended summer period of more than two (2) consecutive weeks with the non-custodial parent, the custodial parent shall have the benefit of the regular parenting time schedule set forth above, unless impracticable because of distance created by out of town vacations.

Similarly, during the summer period when the children are with the custodial parent for more than two (2) consecutive weeks, the non-custodial parent’s regular parenting time continues, unless impracticable because of distance created by out of town vacations.

Notice of an employer’s restrictions on the vacation time of either parent shall be delivered to the other parent as soon as that information is available. In scheduling parenting time the employer imposed restrictions on either parent’s time shall be considered by the parents in arranging their time with their child.

As I noted above, the child support part of the Local Rule gives me nightmares:

6. B. Support shall abate to 50% of the regular order during any period of visitation of 7 days or more with all of the minor children. If all the children do not visit for the same 7-day period, the amount of abatement of support shall be equal to the percentage of children who visit times 50%. Examples: if 1 of 2 children visit, the amount of abatement would be only 25% (50% times 50% = 25%), if 1 of 3 visit, the amount of abatement would be only 17% (33% times 50% = 17%) or if 2 of 3 visit, the amount of abatement would be only 33% (66% times 50% = 33%).

This same provision gets repeated in Rule 7 D. The Indiana Child Support Guidelines no longer have his provision but apply a parenting time credit. Brevity suggests that I do not lengthen this post any longer than what it is and so I suggest following this link for more information on the parenting time credit.

Why call this rule nightmarish? Let me give two scenarios. First, calculating child support for an old case means confirming the Summer visitation and how many children went on the visitation and for how long and then add the complication that memories differ about the facts. Second, any modification of child support means modify visitation to get the full time provided under The Parenting Time Guidelines for extended visitation to get the full parenting time credit under The Child Support Guidelines. Well, that is my opinion.

Remember, I do practice in Grant County. If you want more information about retaining me for a case, please give me a call at 765-641-7906.