Amendment to Indiana Parenting Time Guidelines: Factors Related to Parenting Time
The January 1, 2022 amendments to the Indiana Parenting Time Guidelines provide a number of factors for Judges to consider when they are determining whether a particular parenting plan exceeding the specific parenting time provisions set forth in the Guidelines is safe, secure, developmentally responsive, and in the best interests of the child. These factors are not exhaustive, are not listed in any order of priority, and not all factors apply in all cases.
The factors are as follows:
Factors Related to the Child:
The age, temperament, and maturity level of the child
The child’s current routine
The child’s response to separations and transitions
Any particular physical, emotional, educational, or other needs resulting from the developmental stage or characteristics of the child
Factors Related to the Parent:
The temperament of each parent
The “fit” of each parent’s temperament with the child’s temperament
Each parent’s mental health, including mental illness and substance use or abuse
Each parent’s sensitivity to the child’s early developmental needs
Each parent’s capacity and willingness to be flexible as the child’s needs change from day to day and over time
Factors Related to the Parent-Child Relationship:
Each parent’s warmth and availability to the child
Each parent’s ability to correctly discern and respond sensitively to the child’s needs
Each parent’s past experience living with the child and caregiving history
Each parent’s caregiving interest and motivation
Each parent’s history of perpetrating child physical or emotional abuse or neglect
Factors Related to the Co-Parenting Relationship:
The parents’ capacity and willingness to be flexible with each other as the child’s needs get expressed in the moment and change over time
The level and nature of conflict and/or domestic violence, including the history, recentness, intensity,
frequency, content, and context (separation specific or broader)
The parents’ ability to compartmentalize any conflicts and protect the child from exposure to parental conflict
The parents’ ability to communicate appropriately and in a timely manner about the child
The degree to which each parent facilitates contact and communication between the other parent and the child versus “gatekeeping” behavior intended to keep the other parent and the child apart
The parents’ capacity for cooperation about the child’s developmental needs
Environmental Factors:
The proximity of the parental homes
The parents’ work schedules and circumstances
The presence of extended family members or close friends that participate in caregiving
The availability of additional child care if needed and economic resources available to pay for it
The mechanics in place to transfer the child from one household to the other
The inclusion of these factors in the Guidelines provides significant guidance to parents as to what Judges will be examining in determining what custody and parenting time arrangements will be in their children’s best interest. These factors should guide parents who are determining the parenting time schedule by agreement and should also guide parents who may be unrealistically seeking to restrict the parent’s time with their children.