Custody, parenting time, & COVID-19

The State of Indiana- and its court system- is operating under emergency procedures to protect public health and safety during the coronavirus outbreak. What does the “stay home” order mean for parents trying to navigate custody and parenting time orders?  Here are some considerations for parents (Note: These considerations are based on general legal principles. They are not legal advice and are not a substitute for talking to an attorney. For specific information about how the coronavirus impacts your custody and parenting time orders, talk to an attorney).

1. The stay home order does not mean parenting time is canceled. 

Until we receive other guidance from the court, custody and parenting time orders remain in effect.  Parenting time should occur as planned. If you are concerned that parenting time may jeopardize your child’s health or safety, talk to an attorney before taking matters into your own hands.

2. You cannot refuse to allow your child to travel to the other parent’s home because of fear of the coronavirus. 

Indiana protects the parent-child relationship.  Unless the court finds that parenting time would significantly impact or impair a child’s physical or emotional wellbeing, the court will not restrict or reduce parenting time.  A mere fear or suspicion is insufficient.  

3. You must communicate with the other parent to come up with a plan to promote your child’s health and safety. 

Use common sense and communicate with your child’s other parent to ensure that parenting time exchanges occur in a safe and appropriate location.  This may require deviation- by agreement- from your normal exchange location or parenting time schedule.  Memorialize any deviations to your current order in writing (such as through text message or e-mail).  Talk to the other parent to figure out what arrangements are in your child’s best interest.  Stay on the same page regarding your child’s health and share any concerns or issues.

4. If the other parent unilaterally cancels parenting time, you can involve the court. 

Courts are postponing hearings and jury trials but they have not shut down and continue to function.  If the other parent is withholding your child for parenting time, talk to an attorney and involve the court if necessary.  Know, however, that courts are operating more slowly due to the governmental restrictions imposed to protect public safety and wellness.  It may take some time to get the matter before the court.

Huettner Law can be contacted at (317) 296-3801.