As stay-at-home orders continue for Indiana, many parents have been denied parenting time on the grounds of COVID-19. The Chief Justice of the Indiana Supreme Court, Loretta Rush, issued an order on March 31, 2020 that parenting time orders remain in force during COVID-19. This means that drop-offs and pick-ups should continue.1 Governor Holcomb’s stay-at-home orders have all made exceptions for court orders (which would include custody and parenting time orders) to be excluded from the stay-at-home orders. This blog explores what you can do if you are being denied parenting time and other parenting time considerations during the COVID-19 ...
May 1, 2020CD
On March 6, 2020, Governor Holcomb issued executive order 20-02 formally declaring a public health disaster in Indiana due to the novel Coronavirus (“COVID-19”) outbreak. Since at least that time, parents of divorce who have children or couples who had children out of wedlock began wondering how this impacted physical custody and parenting time. While some parents carried on as normal with their parenting time exchanges, others took the position that the children would remain with them and not be out being exchanged for the duration of the disaster. Judges and lawyers conducted frantic group calls to determine how to ...
April 1, 2020CD
Earlier today, Indiana Governor Eric Holcomb issued several Executive Orders. Executive Order 20-08 - “Directive for Hoosiers to Stay at Home” – officially ordered Indiana residents to shelter in place and remain at home if at all possible, except for several provisions that exclude certain activities. Frankly, with our schools closing their physical locations, nearly all recreational businesses shuttered, and many parents working remotely, society has been placed in an unfamiliar and extremely unique situation. This blog explores potential issues that may arise during this unprecedented period. Normalcy: The key focus that every parent should keep in mind when addressing parenting time ...
March 24, 2020CD
Take action now! The holidays are just around the corner. A plan for holiday parenting time needs to be determined before it’s too late. Especially if travel plans are involved now is the time to work out a schedule that will avoid additional stress during the holidays. Even if the parties follow the Indiana Parenting Time Guidelines for holidays, avoid any last-minute glitches by planning ahead for the division of holiday time. Of course, with any holiday parenting time plan, the parties should ultimately consider the best interests of the children so that they are able to see family from ...
October 22, 2019CD
The family dynamic is something that is always changing, and there is certainly no “standard” or “normal” family. After a divorce or a final determination in a paternity case, often one parent of a child has what is called primary physical custody, and the other parent (the “non-custodial parent”) has what is called parenting time. The terms of the non-custodial parent’s parenting time may take many different shapes, but in general, if the parents cannot agree, courts often look to the Indiana Parenting Time Guidelines to make a determination on parenting time. The Indiana Parenting Time Guidelines prescribe several different ...
May 23, 2019CD
Normally these cold, overcast days and dark weather leave us a bit glum. Nevertheless, for parents who have children who are not in a relationship with the other parent (by paternity and the relationship did not last or divorced parents), it’s time to think about the Spring Holidays, Holy days and the Summer and, well of course, parenting time. On the upside, on February 2, 2019, Punxsutawney Phil did not see his shadow, so it should all be a little brighter and happier soooooon . . . .an early Spring is coming so look forward to sun and fun with ...
February 15, 2019CD
Whoever said “there is a fine line between love and hate” was on to something. Frequently, two people who were madly in love, somewhere stumbled and are now getting a divorce. As you may have already figured out, those loving days are gone, and not only are they gone, but that love has been replaced, in most cases, with resentment towards the other person. So, what do you do when you are going through a divorce? What shouldn’t you do? How do I act? How should I treat the other person? These are all valid questions. In this blog, we ...
January 31, 2019CD
With the Holiday Cheer often comes parenting time and other child-related disputes surrounding the holidays including Thanksgiving, Christmas, and New Year’s. To avoid some potential of dispute, we suggest you look at your most current custody order(s) and the Indiana Parenting Time Guidelines. With this, you can engage the other parent in a discussion and try to reach an agreement about who has what time and drop-offs and pick-up times and places well in advance. Try to account for foreseeable problems, such as bad weather or those that are unique in your situation, such as the fact that sometimes life ...
November 6, 2018CD
In the digital age, the era of endless activities for even the youngest children that didn’t exist in easier times, given about half of all marriages end in divorce, even parents who remain together have time carving out true quality (interactive) time with their children. This blog goes back to basics to provide three simple tips that almost seem forgotten for parents to have quality time with their children. Maybe all parents have always been busy and have struggled to find a life balance where both parents worked. However, today adults and children alike are “tied” (in some cases literally addicted) ...
October 22, 2018CD
Everyone knows of a custody “battle” waged by a family member or friend--where both parents are entrenched in their positions, are convinced they are right (and maybe are), and fight tooth and nail to have the time with their children they believe is in their best interests. Or, is this your case? Most commonly, this struggle is waged through successive litigation involving contempt actions and modification petitions; trial courts retain custody jurisdiction to hear and decide these matters until the children are adults, meaning the litigation can go on for years. As an alternative—yes there are alternatives to court--this blog ...
August 30, 2018CD