Parenting Time during COVID-19

I have had a lot of questions regarding parenting time and COVID-19 🦠. Attached is the executive order 📝 that came out today outlining our next few weeks. As to parenting time 👨‍👩‍👧‍👦:
– Paragraph 7 defines essential activities with paragraph e allowing travel to care for / transport family members.
– Paragraph 16 e goes further and permits travel required by court order including transporting of Children pursuant to a custody agreement.

Let’s work together to get through these difficult times and help our children

Click to access Executive_Order_20-08_Stay_at_Home.pdf

Summer Break – April 1st deadline

As the April 1st deadline is approaching, I wanted to remind all parents that follow the Indiana Parenting Time Guidelines that the “noncustodial” parent shall give written and verbal notice to the “custodial” parent of their Summer break selection by April 1st. A timely selection may not be rejected by the “noncustodial” parent. Failure to give this notice in a timely manner will result in the custodial parent making the selection.

photography of woman surrounded by sunflowers

Photo by Andre Furtado on Pexels.com

HAPPY THANKSGIVING

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Just a friendly reminder to all parents that follow the Indiana Parenting Time Guidelines, that “non-custodial parents” get to celebrate Thanksgiving this year. The Thanksgiving holiday starts tonight, Wednesday, November 21st @ 6:00 p.m. and ends on Sunday, November 25th @ 7:00 p.m. 

We hope everyone has a happy holiday.

HALLOWEEN

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Trick – or – Treating

Reminder that if you follow the INDIANA PARENTING TIME GUIDELINES for holidays, then this year for Halloween, it is the “custodial” parent’s holiday with the child(ren). The holiday starts at 6:00 pm and goes until 9:00 pm “or at such time that coincides with the scheduled time for trick or treating in the community where the non-custodial parent resides. Trick or treating in Fort Wayne is from 5:30 pm until 8:30 pm on Wednesday this year. Stay safe families and have a Happy Halloween!

What is a Parenting Coordinator?

A Parenting Coordinator is a third party professional called a PC who helps parents implement their parenting plan by facilitating the resolution of disputes, providing education, making recommendations to the parties, and making decisions within the scope of the court appointment.

Lindsay M. Franklin is a trained parenting coordinator and mediator and she is ready to help your family!

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Indiana Court of Appeals Orders Physical Custody of Child Back to Father

In its recent decision, in a divorce case out of Clark Circuit Court, the Indiana Court of Appeals reversed the trial court’s decision to modify custody to Mother.

In the divorce, Father was granted sole legal custody of the minor child. Father later filed a restraining order on Mother because her live-in boyfriend had two previous battery convictions. Father claimed that Mother’s boyfriend had physically abused the minor child. Mother later filed for a modification of custody of the child which was granted by the Clark Circuit Court. Father was granted distance-related parenting time with the minor child.

The Indiana Court of Appeals noted that the trial court failed to state in its order which circumstance had substantially changed under Indiana Code 31-17-2-8 in order to warrant the custody modification and that there was not enough evidence to warrant the change of custody. Thus, they reversed the trial court’s decision and remanded custody back to Father.

Court of Appeals of Indiana Affirms Trial Court’s Decision to Modify Custody of Child from Mother to Father After Mother Repeatedly Refused to Inform Father of Major Decisions Regarding Child’s Education and Medical Treatment

In a recent Court of Appeals case from August 30, 2016, In Re the Paternity of: L.S., the Court of Appeals of Indiana upheld the trial court’s decision to modify custody of the minor child from Mother to Father.

Mother was awarded sole legal custody and primary physical custody of the child during the paternity. Mother repeatedly made decisions about the child’s educational upbringing and medical treatment without first informing the Father, which the trial court looked negatively upon.

At the trial, the Custody Evaluator testified that one parent should have custody, but did not recommend one parent over the other. The Parenting Time Coordinator testified that the parents could not communicate and that Father was more likely to include Mother in the major decisions about medical, education and extra-curricular activities.

The trial court awarded Father sole legal custody of the child, with both parties sharing equal parenting time. Mother appealed. The Court of Appeals upheld the trial court’s decision.