Friday, November 20, 2009

Local Rules: Fayette County defines “reasonable visitation”

Long before the Indiana Parenting Time Guidelines some judges would order "reasonable visitation" without ever defining reasonable visitation.  The general interpretation followed the definition below in the first sentence.  Not that this did not generate lots of litigation over who was and was not being reasonable (one side's reasonableness is the other side's unreasonableness).

Still, I give the Connersville judges credit for putting the emphasis on the parties setting up their own visitation schedule.


The phrase “reasonable visitation” if not specifically defined in the Court’s order is defined as those visitation rights agreed upon between the parties. To the extent the parties cannot agree to the particulars of such visitation, “reasonable visitation” shall be defined as those visitation rights provided for in the Indiana Parenting Times unless the court determines that under the particular circumstances a different visitation schedule is reasonable.

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