Once you have a parenting schedule, your ex is supposed to follow it
For divorced or separated parents, it’s common for disputes over custody and visitation to be hard-fought. It’s also unfortunately common that they’ll become contentious again, even many years after the divorce is over. If your former spouse tries to change parenting time at the last minute, do you have to go along?
The short answer is no, your ex can’t unilaterally change the parenting schedule. Here’s what you need to know.
How parenting time works in Indiana
Indiana courts follow the best interests of the child standard in determining child custody and parenting time. Indiana’s law is based on the belief that in most cases, children benefit from having ongoing, meaningful relationships with both parents—and that means spending a meaningful amount of time with each parent.
The Indiana Parenting Time Guidelines include not only a regular rotation of alternating weeks throughout the year, but also special provisions for holidays and school vacations. Once you have agreed upon a schedule of parenting time and had that schedule approved by the court, it becomes a legally binding court order. That means neither parent can change it without going back to court and requesting a modification.
What to do when there's a dispute
If there is a dispute over parenting time—for example, if the other parent refuses to return the child on time or to pick them up when requested—the first option is to try to resolve the dispute through direct litigation. It’s best to communicate through written, time-stamped means of communication, such as email or text message, so that you have a way to show the court what happened if the conflict escalates.
If one parent still refuses to comply with the parenting guidelines, the court has the power to order remedies, which may include:
- Contempt of court: Again, violating the parenting time schedule is a violation of a court order; your former spouse may be held in contempt of court.
- Specific enforcement measures: For example, the court can direct that both parties follow a specific schedule or even have law enforcement return the child to the other parent.
- Makeup parenting time: If one parent has lost parenting time because of the other parent’s violation, the court can order makeup parenting time to compensate.
What you can’t do is take matters into your own hands by violating the court order yourself. For example, you generally can’t withhold child support or decide unilaterally that you get makeup parenting time. You need to follow each and every aspect of the child custody order unless and until it’s modified by the court.
Talk to an experienced family law attorney about your options
Navigating conflicts around parenting time can always be difficult and emotionally fraught, but getting experienced legal advice can make all the difference. Indiana family law attorney Rachel A. East and the team at Hocker Law, LLC have the experience and resources needed to navigate difficult situations and find practical solutions.
Give us a call or contact us online to find out how we can help.
"Rachel represented me in my son's paternity case. She was such a blessing during an extremely confusing, hard, and sad time. I was postpartum, stressing out, and had a million and one questions. Rachel made time and answered each one of my questions honestly and professionally, even when it wasn’t what I wanted to hear; she was extremely consistent, helpful, and informative. The office staff (Nicole specifically) would respond and follow up when Rachel was out of town, and was very helpful as well. I am very grateful for Rachel and Hocker Law. I would highly recommend them to anyone. You get what you pay for and beyond with this firm." – Maggie S., ⭐⭐⭐⭐⭐