tag:blogger.com,1999:blog-1442020469207898141.post4145985758411577516..comments2023-11-01T06:57:39.647-05:00Comments on Sam Hasler's Indiana Divorce & Family Law Blog: Parenting plans & Parenting TimeSam Haslerhttp://www.blogger.com/profile/09412534508956647438noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-1442020469207898141.post-23753370813937667302009-12-23T16:24:13.788-05:002009-12-23T16:24:13.788-05:00DIY:
Indiana allows for a change in visitation wh...DIY:<br /><br />Indiana allows for a change in visitation when it is in the best interests of the child (paternity cases) or when visitation may cause physical or emotional harm to the child and is in the child's best interests. The Guidelines are supposed to eliminate the need for routine changes (and as I keep saying, provide for more than visitation.)<br /><br />And you are quite welcome for the shout-out.Sam Haslerhttps://www.blogger.com/profile/09412534508956647438noreply@blogger.comtag:blogger.com,1999:blog-1442020469207898141.post-38670277837454672662009-12-23T16:20:25.203-05:002009-12-23T16:20:25.203-05:00Jeanne-
I can do better than a PDF - the Indiana ...Jeanne-<br /><br />I can do better than a PDF - the Indiana Supreme Court has posted an HTML version. Here is the link - http://www.in.gov/judiciary/rules/parenting/index.html<br /><br />I should point out that there are links throughout the article to the Indiana Parenting Time Guidelines. I think I better go back and make that more clear.Sam Haslerhttps://www.blogger.com/profile/09412534508956647438noreply@blogger.comtag:blogger.com,1999:blog-1442020469207898141.post-49699698637018068432009-12-23T14:42:37.688-05:002009-12-23T14:42:37.688-05:00Hi Sam.
It's always good to hear someone is r...Hi Sam.<br /><br />It's always good to hear someone is reading the DIY Divorce in Florida blog :D<br /><br />Florida doesn't permit changes to the parenting plan unless there has been a "substantial, unanticipated change of circumstances" that makes the current plan no longer in the BIC OR the parents agree in writing to such changes. Sounds similar to Indiana in that respect.<br /><br />I really encourage divorcing parents to think about the developmental milestones in their kids' lives and at least agree to some set times that the plan can be re-worked based on the kids' development. What works fine for a first grader rarely works as well when the child is in junior high or high school. <br /><br />These situations are when it becomes clear that what the law requires and what is truly in the best interest of the child sometimes collide. I think divorcing parents need to be aware of when this can happen and decide IN ADVANCE how to handle it before it becomes an issue.<br /><br />Again, thanks for the shout out. Happy New Year.DIY Divorce(sm)https://www.blogger.com/profile/05021843579586516584noreply@blogger.comtag:blogger.com,1999:blog-1442020469207898141.post-11304137677797270862009-12-23T14:32:25.223-05:002009-12-23T14:32:25.223-05:00<>
I like the incremental increases! That i...<><br /><br />I like the incremental increases! That is really a great way to promote healthy parenting time.<br /><br />Can you please send me a PDF of the Indiana Parenting Time Guidelines? I would love to review them.Jeanne M. Hannahhttp://jeannehannah.typepad.com/noreply@blogger.comtag:blogger.com,1999:blog-1442020469207898141.post-23256225105030586382009-12-23T13:29:03.449-05:002009-12-23T13:29:03.449-05:00Our Parenting Time Guidelines run 80 pages and go ...Our Parenting Time Guidelines run 80 pages and go into a lot of detail. Hence, I think we fall back on them as a generic template.<br /><br />They are also supposed to be self-implementing. Ia m not so sure that the majority of Hoosiers find them so easy to understand.<br /><br />By the way, the reason that they go to 80 pages is that they describe how visitation is to increase as the children get older and holidays and summer breaks.Sam Haslerhttps://www.blogger.com/profile/09412534508956647438noreply@blogger.comtag:blogger.com,1999:blog-1442020469207898141.post-69558459820493211882009-12-23T12:18:51.892-05:002009-12-23T12:18:51.892-05:00Sam, you said that the usual is something like thi...Sam, you said that the usual is something like this:<br /><br />"Usually it is like this: PTG at a minimum and then whatever else the parties can agree to. I think many people think of the Guidelines as the beginning and the end of the discussion and do not realize they can do more. Maybe this will give them some ideas on being more creative."<br /><br />The parenting time plans in the orders and judgments I draft often run to two or three pages. It's not that I am determined to be verbose. It's that both parties are protected if they have a specific parenting time plan in place and there is later a breakdown in the communication between the parents. This is a particular concern in a high conflict divorce.<br /><br />I tell my clients that the court doesn't care if they follow the specific plan or not. They're free to deviate in any way. But if a parent begins to experience refusals to permit parenting time, at least there is a usual (often what we'd call "normal") parenting time plan in place.<br /><br />Another reason for a specific plan is that, as explained in the Arizona Model Parenting Time Plans, with a specific plan, it is possible to build incremental expansions upon parenting time that are developmentally sensitive. Otherwise, parents may experience a reluctance by a parent to increase parenting time as a child gets older. Also, of concern, is that a parent must prove that there is "good cause" or a "change in circumstances" to modify the most recent custody and parenting time order. That's a high burden that can be impossible to get around.Jeanne M. Hannahhttp://jeannehannah.typepad.com/noreply@blogger.comtag:blogger.com,1999:blog-1442020469207898141.post-71466347538942294912009-12-23T11:52:09.279-05:002009-12-23T11:52:09.279-05:00Thanks Jeanne. As I wrote, it is our usual practi...Thanks Jeanne. As I wrote, it is our usual practice in Indiana to rely on the Parenting Time Guidelines and not create our own parenting plans. Usually it is like this: PTG at a minimum and then whatever else the parties can agree to. I think many people think of the Guidelines as the beginning and the end of the discussion and do not realize they can do more. Maybe this will give them some ideas on being more creative.Sam Haslerhttps://www.blogger.com/profile/09412534508956647438noreply@blogger.comtag:blogger.com,1999:blog-1442020469207898141.post-68590506635337500642009-12-23T09:17:22.439-05:002009-12-23T09:17:22.439-05:00It is a good idea to consider the child's deve...It is a good idea to consider the child's development when deciding what kind of parenting time plan you will follow. For example, frequent, short times are healthier for very young children who are easily traumatized by lengthy separations from the primary caregiver.<br /><br />I blogged this issue on Updates in Michigan Family Law. You'll find links to Model Parenting Time Plans that are developmentally sound in the article. http://tinyurl.com/ba9x3r<br />Jeanne M. Hannah, Family Law Lawyer in Traverse City, MIJeanne M. Hannahhttp://jeannehannah.typepad.com/noreply@blogger.comtag:blogger.com,1999:blog-1442020469207898141.post-76446230184268402402009-12-23T09:16:23.651-05:002009-12-23T09:16:23.651-05:00It is a good idea to consider the child's deve...It is a good idea to consider the child's development when deciding what kind of parenting time plan you will follow. For example, frequent, short times are healthier for very young children who are easily traumatized by lengthy separations from the primary caregiver.<br /><br />I blogged this issue on Updates in Michigan Family Law. You'll find links to Model Parenting Time Plans that are developmentally sound in the article. http://tinyurl.com/ba9x3r<br />Jeanne M. Hannah, Family Law Lawyer in Traverse City, MIJeanne M. Hannahhttps://www.blogger.com/profile/09849136642527408958noreply@blogger.com