The ST. JOSEPH PROBATE COURT STANDARD VISITATION RULES are based on the belief that it is usually best for children and parents to have frequent, meaningful and continuing contact with each other. In the exercise of visitation, parents, guardians and custodians must always adapt to the circumstances of each other and children in making visitation decisions. It is usually not appropriate for parents, guardians or custodians to discuss their personal differences regarding visitation in the presence of a child. The following variables important to the success of any visitation between a child and a non-custodial parent must be included in any visitation decision that is made:
1. ATTITUDE OF ADULTS: Parents, guardians or custodians should avoid speaking negatively about each other and should discourage such conduct by relatives or friends.
2. RESPECT FOR AUTHORITY/DISCIPLINE: Children should be encouraged to respect parents, guardians or custodians. The basic rules of conduct and discipline established by the person with custody of a child should be the base-line standard used for all discipline so that a child does not receive mixed signals about acceptable behavior.
Visitation by a non-custodial parent must be arranged by the mutual agreement of parents, guardians or custodians. Age appropriate developmental differences in the growth and understanding of children are included in these rules. It is better for a child to have more visitation with a parent than what is provided for in these rules. If a non-custodial parent has not had a regular relationship with a child, initially it may be necessary to limit that parent's visitation. When there are visitation differences that are not resolved by these rules, parents, guardians or custodians who cannot agree should attempt to resolve those differences through mediation prior to seeking court intervention.
The following STANDARD VISITATION RULES will be applied by the court as a rebuttable presumption of what constitutes the reasonable visitation that a non-custodial parent is entitled to.
STANDARD VISITATION RULES
A. FROM BIRTH TO AGE 12 MONTHS.
1. Regular Visitation: A non-custodial parent may visit two (2) times per week for four (4) hours each visit with a child 0 - 4 months of age, three (3) times per week for four (4) hours each visit with a child 4 - 8 months of age and four (4) times per week for four (4) hours each visit with a child 8 - 12 months of age. This visitation should take place in the residence of a person with a child's custody or any other place that a person with a child's custody and a non-custodial parent may agree upon. If the visitation takes place away from the residence of a person with a child's custody, the child must be returned at least one (1) hour before the child's bedtime.
2. Holidays: A non-custodial parent may visit with a child during the period indicated on the following holidays in even-numbered years, and a person with a child's custody may be with a child for the same period in odd-numbered years:
a. Christmas Eve (10:00 a.m. to 4:00 p.m.),
b. Easter Day (10:00 a.m. to 4:00 p.m.),
c. 4th of July (10:00 a.m. to 4:00 p.m.),
d. Labor Day (10:00 a.m. to 4:00 p.m.),
A non-custodial parent may visit with a child during the period indicated on the following holidays in odd numbered years, and a person with a child's custody may be with a child for the same period in even numbered years:
a. Memorial Day (10:00 a.m. to 4:00 p.m.),
b. Thanksgiving Day (10:00 a.m. to 4:00 p.m.),
c. Christmas Day (10:00 a.m. to 4:00 p.m.),
3. Father's Day and Mother's Day. A Father may be with a child on Father's Day from 10:00 a.m. to 6:00 p.m and a Mother may be with a child on Mother's Day for the same period.
4. The Child's Birthday.A non-custodial parent may visit with a child on the child's birthday for at least six (6) hours. If parents have more than one (1) child together, that visitation shall include the right for all of their children to be with a child and a non-custodial parent during that period.
5. Extended Visitation: Except by the mutual agreement of the parents, guardians or custodians, a non-custodial parent shall not have any extended visitation with a child during the summer, spring vacation or Christmas vacation period.
B. FROM AGE 12 MONTHS TO AGE 3 YEARS.
1. Regular Visitation: A non-custodial parent may visit with a child away from the residence of a person with a child's custody on two (2) weekends each month from Saturday morning at 10:00 A.M. to Sunday evening at 5:00 P.M. In addition, a non-custodial parent may visit with a child away from the residence of a person with a child's custody one (1) time during mid-week for up to four (4) hours, provided that the child must ordinarily be returned from a mid-week visit at least one (1) hour before bedtime. Beginning at age two (2), a non-custodial parent may have reasonable telephone contact with a child. Telephone contact should not interfere with any napping or sleeping pattern of a child.
2. Holidays: A non-custodial parent may visit with a child during the period indicated on the following holidays in even-numbered years, and a person with a child's custody may be with a child for the same period in odd-numbered years:
a. Christmas Eve (10:00 a.m. to 4:00 p.m.),
b. Easter Day (10:00 a.m. to 4:00 p.m.),
c. 4th of July (10:00 a.m. to 4:00 p.m.),
d. Labor Day (10:00 a.m. to 4:00 p.m.),
A non-custodial parent may visit with a child during the period indicated on the following holidays in odd numbered years, and a person with a child's custody may be with a child for the same period in even numbered years:
a. Memorial Day (10:00 a.m. to 4:00 p.m.),
b. Thanksgiving Day (10:00 a.m. to 4:00 p.m.),
c. Christmas Day (10:00 a.m. to 4:00 p.m.),
3. Father's Day and Mother's Day. A Father may be with a child on Father's Day from 10:00 a.m. to 6:00 p.m and a Mother may be with a child on Mother's Day for the same period.
4. The Child's Birthday. A non-custodial parent may visit with a child on the child's birthday for at least six (6) hours. If parents have more than one (1) child together, that visitation shall include the right for all of the children to be with a child and a non-custodial parent during that period.
5. Halloween. During that period of a child's life (approximately ages 2 to 12), when Halloween is a significant holiday due to costumes and trick-or-treating, in even numbered years during the time that Halloween is celebrated in a child's neighborhood, a non-custodial parent may participate with a child in those activities. In odd numbered years and in the child's neighborhood, a person with a child's custody may do the same.
6. Extended Visitation: Except by the mutual agreement of the parents, guardians or custodians, a non-custodial parent may not have any extended visitation with a child during the summer, spring vacation or Christmas vacation period.
C. FROM AGE 3 YEARS TO AGE 14 YEARS.
1. Regular Visitation: A non-custodial parent may visit with a child away from the residence of a person with a child's custody at least two (2) weekends per month from Friday evening at 6:00 p.m. to Sunday evening at 6:00 p.m. In addition, a non-custodial parent may visit with a child away from the residence of the residence of a person with a child's custody one (1) time during mid-week for up to four (4) hours, provided that a child must ordinarily be returned from a mid-week visit at least one (1) hour before bedtime. Telephone contact by a non-custodial parent with a child should be allowed a minimum of two (2) times per week, provided that that contact does not interfere with homework or dinner time.
2. Holidays: A non-custodial parent may visit with a child during the period indicated on the following holidays in even-numbered years, and a person with a child's custody may be with a child for the same period in odd-numbered years:
a. Christmas Eve (10:00 a.m. to 4:00 p.m.),
b. Easter Day (10:00 a.m. to 4:00 p.m.),
c. 4th of July (10:00 a.m. to 4:00 p.m.),
d. Labor Day (10:00 a.m. to 4:00 p.m.),
A non-custodial parent may visit with a child during the period indicated on the following holidays in odd numbered years, and a person with a child's custody may be with a child for the same period in even numbered years:
a. Memorial Day (10:00 a.m. to 4:00 p.m.),
b. Thanksgiving Day (10:00 a.m. to 4:00 p.m.),
c. Christmas Day (10:00 a.m. to 4:00 p.m.),
3. Father's Day and Mother's Day. A Father may be with a child on Father's Day from 10:00 a.m. to 6:00 p.m and a Mother may be with a child on Mother's Day for the same period.
4. The Child's Birthday. A non-custodial parent may visit with a child on the child's birthday for at least six (6) hours. If the parents have more than one (1) child together, that visitation shall include the right for all of their children to be with a child and a non-custodial parent during that period.
5. Halloween. During that period of a child's life (approximately ages 2 to 12), when Halloween is a significant holiday due to costumes and trick-or-treating, in even numbered years during the time that Halloween is celebrated in a child's neighborhood, a non-custodial parent may participate with a child in those activities. In odd numbered years and in the child's neighborhood, a person with a child's custody may do the same.
6. Extended Visitation
a. From 3 years to the End of Kindergarten. A non-custodial parent is entitled to visit with a child for up to four (4) non-consecutive weeks during the year, the specific weeks for such visitation to be at the choice of a non-custodial parent (a week consists of seven (7) consecutive days). At least sixty (60) days advance notice of an intent to exercise a particular week must be given by the non-custodial parent to a person with a child's custody.
In addition to those non-consecutive weeks, a non-custodial parent is entitled to a winter (Christmas) vacation visitation with a child for one-half (½) of the vacation recognized by the public grade school in the school district of a child's residence. This visitation begins on the evening school ends and continues until the evening of the day before school resumes. If a non-custodial parent and a person with a child's custody are unable to agree on the division of this period, a non-custodial parent will have the first half (1/2) of the winter vacation in even-numbered years, a person with a child's custody will have the first half (1/2) of such period in odd numbered years, and for the remainder of each winter vacation a child will be with the person not exercising visitation for the first half of the vacation.
b. 1st Grade and Older. A non-custodial parent is entitled to a minimum of two (2) and a maximum of six (6) weeks of extended visitation with a child during the summer. The last week of summer vacation is not available for this visitation. The maximum period of time this visitation is two (2) consecutive weeks. A non-custodial parent must notify a person with a child's custody of the dates during which any such extended visitation will be exercised by May 15 each year.
In addition to those extended weeks of visitation, a non-custodial parent is entitled to a winter (Christmas) vacation visitation with a child for one-half (½) of the vacation recognized by the public grade school in the school district of a child's residence. This visitation begins on the evening school ends and continues until the evening of the day before school resumes. If a non-custodial parent and a person with a child's custody are unable to agree on the division of this period, a non-custodial parent will have the first half (1/2) of the winter vacation in even-numbered years, a person with a child's custody will have the first half (1/2) of such period in odd numbered years, and for the remainder of each winter vacation a child will be with the person not exercising visitation for the first half of the vacation.
D. 14 YEARS AND OLDER.
1. Regular Visitation: At this age a child typically is developing values and interests of a more adult nature. Thus parents, guardians and custodians must balance their time with a child with a child's individual activities and responsibilities. Parents, guardians, and custodians must recognize that a child's peer and school activities are significant and important to a child. When scheduling visitation for a child of this age, attention should be given to permitting a child to participate in a child's usual activities. A non-custodial parent may need to drive a child to and from such activities and even allow a child's friend(s) to come along occasionally. Parents, guardians, and custodians must be flexible in scheduling a non-custodial parent's visitation.
After considering and balancing the needs of a child with the needs of parents, guardians, and custodians, a non-custodial parent may visit with a child away from the residence of a person with a child's custody at least two (2) weekends per month from Friday evening at 6:00 p.m. to Sunday evening at 6:00 p.m. In addition, a non-custodial parent may visit with a child away from the residence of a person with a child's custody one (1) time during mid-week for up to four (4) hours. Telephone contact by a non-custodial parent with a child should be allowed a minimum of two (2) times per week, provided that that contact does not interfere with homework or dinner time.
2. Holidays: A non-custodial parent may visit with a child during the period indicated on the following holidays in even-numbered years, and person with a child's custody may be with a child for the same period in odd-numbered years:
a. Christmas Eve (10:00 a.m. to 4:00 p.m.),
b. Easter Day (10:00 a.m. to 4:00 p.m.),
c. 4th of July (10:00 a.m. to 4:00 p.m.),
d. Labor Day (10:00 a.m. to 4:00 p.m.),
A non-custodial parent may visit with a child during the period indicated on the following holidays in odd numbered years, and a person with a child's custody may be with a child for the same period in even numbered years:
a. Memorial Day (10:00 a.m. to 4:00 p.m.),
b. Thanksgiving Day (10:00 a.m. to 4:00 p.m.),
c. Christmas Day (10:00 a.m. to 4:00 p.m.),
3. Father's Day and Mother's Day. A Father may be with a child on Father's Day from 10:00 a.m. to 6:00 p.m and a Mother may be with a child on Mother's Day for the same period.
4. The Child's Birthday. A non-custodial parent may visit with a child on the child's birthday for at least six (6) hours. If parents have more than one (1) child together, that visitation shall include the right for all of their children to be with child and the non-custodial parent during that period.
5. Extended Visitation
A non-custodial parent is entitled to six (6) weeks of extended visitation with a child during the summer. The last week of summer vacation is not available for this visitation. The maximum period of time for this visitation is three (3) consecutive weeks. A non-custodial parent must notify a person with a child's custody of the dates during which any extended visitation will exercised by May 15 each year.
In addition to those extended weeks of visitation, a non-custodial parent is entitled to a winter (Christmas) vacation visitation with a child for one-half (½) of the vacation recognized by the public grade school in the school district of a child's residence. This visitation begins on the evening school ends and continues until the evening of the day before school resumes. If a non-custodial parent and a person with a child's custody are unable to agree on the division of this period, a non-custodial parent will have the first half (1/2) of the winter vacation in even-numbered years, a person with a child's custody will have the first half (1/2) of such period in odd numbered years, and for the remainder of each winter vacation a child will be with the person not exercising visitation for the first half of the vacation.
E. GENERAL RULES THAT APPLY TO ALL VISITATION
1. Parental Communication. Parents, guardians or custodians must keep each other advised of their home and work addresses and telephone numbers, and must promptly update that information. They must also provide each other with the name, address, and phone number of someone who can be reached in an emergency if they are not available. As much as possible, communication concerning children must be conducted in person, or by telephone at home and not at a place of employment.
2. Grade Reports and Medical Information. A person with custody of a child must provide a non-custodial parent with grade reports and notices from school as they are received (see I.C. 20-10.1-22.4-2) and must permit a non-custodial parent to communicate outside the presence of the person with custody with a child's school and with a child's doctor and other professionals providing services to a child. A person with custody must promptly notify a non-custodial parent of all school, athletic, or other events (like church or scouts) which may involve parental participation. A person with custody must immediately notify a non-custodial parent of any medical emergencies or serious illnesses of a child. If a child is taking medication, a person with custody must provide a sufficient amount of medicine and appropriate instructions for its use during visitation by a non-custodial parent.
3. Visitation Clothing. A person with custody must send an appropriate supply of a child's clothing with the child for visitation. This clothing must be returned with the child ( clean when reasonably possible) by a non-custodial parent at the completion of a visit. A non-custodial parent must advise, as far in advance as possible, of any special activities so that appropriate clothing may be sent.
4. Withholding Support or Visitation. Neither visitation nor child support may be withheld because of the failure of a parent, guardian or custodian to comply with a court order. Only the court may punish someone for non-compliance with a court order. A child has a right both to support and visitation, neither of which is dependent upon the other. In other words, no support does not mean no visitation, and no visitation does not mean no support.
5. Notice of Cancellation or Other Adjustments. Although these rules create a very specific schedule, parents, guardians or custodians are expected to modify visitation when family necessity, illnesses or commitments requires a change. A parent guardian or custodian seeking a change in the normal visitation must give as much notice as possible. If a non-custodial parent has to cancel a scheduled visit for any reason, that parent must give as much notice as possible of the cancellation to the person with custody as well as to a child if the child is old enough to understand that a change is necessary. A person with custody must give the same type of notice when good cause exists for canceling or modifying a parent's scheduled visitation.
6. Visitation Missed due to Illness Or Other Good Cause. If a non-custodial parent misses visitation as the result of illness of the child or parent, guardian or custodian, an emergency, family commitment or other good cause, a substitute visitation date must be arranged as quickly as possible. Parents, guardians or custodians must timely notify the other when a particular visitation cannot be exercised. Illness of a child should not necessarily deprive a non-custodial parent of visitation with a child, for in many circumstances a non-custodial parent can take care of a sick child equally as well as a person with a child's custody.
7. Pick Up and Return Times. A non-custodial parent exercising visitation must be punctual in picking up and returning a child. Such a parent should arrive at the agreed time and not substantially earlier or later. If the non-custodial parent does not arrive within thirty (30) minutes of an agreed time for visitation without giving prior notice of a delay, then that particular visitation will be waived and does not need to be made up..
8. Visitation Is a Shared Experience. Because visitation is a shared experience, unless these visitation rules, circumstances, such as age, illness, or a particular event, suggest otherwise, all of the children of a parent to whom the court has granted visitation rights must participate in a particular visitation. When parents have several children of different ages, the standard rule is that all of the children must remain together at times of visitation. However, the age related provisions of these rules for children under twelve (12) months of age should not be ignored. Thus there will be situations where not all of a non-custodial parent's children will participate in visitation at the same time. In order to keep sibling relationships intact, when there are both younger and older children involved, it is generally appropriate to accelerate the time when a younger child begins overnight or weekend visitation.
9. Privacy of Residence. Except by express invitation of a person with a child's custody, a non-custodial parent may not enter the residence of that person.
10. Relocation of Person with Custody. A person with the custody of a child under an order of this court is required by I.C. 31-14-13-10 to give advance notice of any intent to move from St. Joseph County, Indiana to the Clerk of the court and to non-custodial parents when the person with custody intends to move outside the State of Indiana or 100 miles or more from St. Joseph County, Indiana.
If a person with custody of a child moves from that person's residence at the time the person was granted custody of a child, upon proper notice and hearing the court may:
a. Permit a change in the residence of that person and a child;
b. Require that person to pay for necessary visitation transportation costs incurred by a non-custodial parent to continue visitation;
c. Limit or prohibit that person's right to move with a child; or
d. Change a child's custody to another person.
11. Visitation Transportation. A person with custody and a parent exercising visitation must share transportation responsibilities. Unless agreed otherwise, a non-custodial parent must pick up the child at the start of visitation and the person with custody must pick up the child at the end of visitation
12. Communication. A non-custodial parent at that parent's initiation and expense is entitled to reasonable phone, mail, e-mail, or similar access to a child aged five (5) or older at reasonable times. Such contact should not interfere with the napping or sleeping pattern of the child and should be timed to avoid interference with meal times.
13. Additional Visitation - Flexibility. All visitation should be liberal and flexible. These rules are not meant to prevent parents from agreeing to, or the court from granting, additional visitation as may be reasonable at any given time. In dealing with visitation issues, parents must exercise sensibility, flexibility and reasonableness.
14. Scheduling of Extra-Curricular Activities. Reasonable extracurricular activities such as sports, music lessons, etc. are in a child's best interest. Parents, guardians or custodians should act in good faith by assisting in transportation needs and accommodating a child's extracurricular schedule as much as reasonably possible. Parents, guardians or custodians must arrange such activities so that the activities do not unreasonably interfere with or restrict a non-custodial parents' time with a child. Extracurricular activities must not take precedence over a child's time with a parent and should not be used to interfere with or deny, regular, special days, or extended time with a non-custodial parent.
15. Modification proceedings. Adoption of these rules may be cause for the modification of the existing visitation rights of a non-custodial parent. However the adoption of these rules is not a justification to decrease existing visitation rights.
16. Contempt Sanctions. Upon proper notice and determination, the violation of these "Standard Visitation Rules" may cause the court to impose a contempt sanction.
