Wednesday, December 23, 2009

Parenting Time - Think the Indiana Parenting Time Guidelines For Christmas are Confusing?

Do not feel lonely.

Give a look at Confused by Indiana Parenting Time Guidelines (by the way, the answer from LD got it right) and Familiar with Indiana parenting time Guidelines? .. Christmas break?.

Tamie Jo Morog of Kirtley, Taylor, Sims, Chadd & Minnette, P.C. F wrote It's holiday parenting time from The Paper of Montgomery County and she digests the holiday rule like this:

If there are issues, consult the Indiana Parenting Time Guidelines (IPTGs). Regarding Christmas vacation, the IPTGs state that each parent gets "One-half of the period which will begin at 8 p.m. on the evening the child is released from school and continues to Dec. 30 at 7 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." This year is an odd numbered year. Therefore, the non-custodial parent gets the first half of this period. The custodial parent then gets the second half. The New Year's holiday begins on Dec. 30 at 7 p.m. and continues until 7 p.m. of the evening before school resumes. In years ending with an even number, such as 2010, the non-custodial parent gets to exercise this parenting time. Therefore this New Year's holiday is the non-custodial parent's holiday.

She also gives some good advice that is well worth passing along:
Remember, however, that the IPTGs are only recommendations. The best way to exercise holiday parenting time with children is to give due consideration to all family traditions - even the other parent's family traditions. Children's lives are enriched if they can celebrate their families' traditions. They should not have to experience their parents bickering or have the pressure of mom and dad fighting, or arguing about where the children are going to be at any certain time or who they are going to be with.

Please remember, put the children first. They will never be this age again, but they will remember how their parents treated each other for the rest of their lives.

Ryan Cassman presents another problem in his Holiday Parenting Time - What Time Does Christmas Eve Start?. Thankfully, I have not had this problem but Mr. Cassman presents a tidy solution:
Holiday parenting time disputes bring out the best or worst in parents, and if your divorce attorney is getting the call, it is likely the worst. So, if you do the math, by the hour the midpoint between December 18th at and December 30th at 7 p.m. is 7:30 p.m. on December 24th.


stuart showalter said...

I will be working with the DRC on revising the IPTG starting in February. Please pass along any suggestions. I will also post on the topics and progress of the meetings and when public input is sought.

Sam Hasler said...

Thanks, Stuart. I had a crazy idea last night about something that might be helpful: since they IPTG are supposed to be self-implementing, why get some potential users read them and see how well they are understood.

Writing this blog, I know full well how hard it is write both for lawyers and non-lawyers. However, I think the writer of the Christmas Break guideline completely blew it.

Sam Hasler said...

I hit publish too quickly - anyone with any comments on the IPTG should do one of three things: 1) leave a comment here, 2) contact Stuart directly, or 3) send me an e-mail that I can forward to him. said...

We have used these for my seven year old son for the past 4 years and they are awful!

He was able to not show for visitation and send his harassing ex-wife who is also his new wife. I had to get a separate court order for him to be there instead of her. Because it states that he can send someone in his place indefinatly.

He took my son at 6:00pm on Mother's Day citing his extended visitation for children under 5.

He took the children under 5 visitation and the children over 5 visitation, as granted by the judge under the IPTG, within months of each other. Our son turned 5 in May and he took the under 5 extended visitation before May and then turned around and got the extended visitation in June of the same year for the children over 5. The judge said that it was allowed under the IPTG.

Parents should only have to notify the ex if they are moving out of state and not across the street. Thank god he missed that when we had the chance to move unexpectedly and couldn't give notice.

The Christmas vacation thing does not work and the kid bounces all over for two weeks. 3 days here, 3 days here, three days there, days there..... it's crazy! He even counts the hours to make things come out to 2 days. So if he gets' him for 1/2 of the time he will count the hours.

His birthday falls during spring break every year (april 1st) and I have to give him his birthday visitation and can not travel with my kids if its my year but his spring break is uninterrupted and leaves him free to leave for the full ten days which is not fair.

The guidelines require me to send clothes but the step-mother refused to take them, shouldn't she be held accountable or at least not allowed to do more than pick the child up and make no decisions for the father?? She has gone as far as to raid the childs pockets and bring the things back to me after she put him in the car.

Shouldn't the guidelines state that everything should be hand written from the parent themselves or a legal representative, not allowing his ex-wife the opportunity and fun in harassing me by signing her name to everything?

Shouldn't the guidelines state that if the other parent is not present in the house during their visitation leaving the child in the care of their spouse while they work and if distance permits that the child should in fact be returned home? My son spends 90% of his time during the summer visitation with a step-mother that resents him. I would rather he send him home during the day for me to care for him and he can pick him up in the evenings when he gets off work. I think this will prevent a lot of abuse from step-parents or boyfriends that hurt children.

The judge also denied me my Wednesday night visitation during summer break because he took our child to Muncie from Alexandria and stayed the night in a hotel with him to see a movie! He did this on purpose so I would not see my child for two weeks. Again, judge said that the IPTG did not specify how far the vacation overnight had to be or for how long for me to be denied.

I tell you that there are more abuse loopholes for the father in there that could be found by most rational people. The insane people just happen to find them all!