The time a parent spends with a child is important. This time is especially precious when the child is young and still looks to the parent to learn essential life lessons. Divorce obviously interferes with a parent’s ability to see and interact with a child, and the goal of most divorcing parents is to limit the impact of the divorce on the parent/child relationship. Non-custodial parents, or those who have physical custody for a minority of the time, are most prone to suffering the ill effects of frequent separation from the child. The law understands how vital the involvement of both parents is in a child’s life, and encourages divorcing parents to share custody whenever possible. Because non-custodial parents have less access to the child, the law extends certain rights and remedies if there are issues with court-approved parenting time.
Understanding the provisions in the law about how the court assesses and enforces parenting time on behalf of the non-custodial is important for all divorced parents. A discussion of the issues related to parenting time and the non-custodial parent will follow below.
Rights of Non-Custodial Parents to Parenting Time
All non-custodial parents are entitled to a reasonable amount of parenting time, unless the court determines the parent poses a danger to the child’s emotional development or physical health. To assist the judge in making this assessment, an interview of the child may be conducted in chambers (the judge’s private office) to ascertain the child’s wishes. The court has discretion over whether to allow the attorneys to attend. While each parent has a legitimate interest in the content of the interview, the most important issue is to ensure the child feels free to speak truthfully without either parent’s influence.
Options When the Other Parent Blocks Access
Maintaining regular communication with a child is essential to fostering a healthy parent/child relationship. For non-custodial parents, a significant amount of the interaction they have with their children is through telephone conversations or electronic communications. The Indiana Parenting Time Guidelines state that each parent is entitled to regular and reasonable amounts of communication with a child free of monitoring or interference by the other parent. If a non-custodial parent finds that communication and/or parenting time is negatively impacted by the custodial parent’s actions, the non-custodial parent can ask a court for an injunction or restraining order to force the custodial parent to comply. In order for a non-custodial parent to request this court action, he or she must have rights to parenting time and be current on child support obligations. If the custodial parent continues to unjustly block access to the child after a court issues an injunction or restraining order, he or she faces contempt charges and could be ordered to pay the non-custodial parent’s attorneys fees and court costs. In addition, the court will order parenting time at the convenience of the non-custodial parent and the child to limit any further damage to this parent/child relationship.
Speak to a Family Law Attorney
The relationship a parent has with a child is one of the most significant connections a person will ever experience. If you are dealing with an ex-spouse that is interfering with access to your child, speak to an attorney as soon as possible so that no additional unnecessary time away from your child passes. Family law attorney Christopher L. Arrington understands the sensitive nature of these situations and will work to find the best solution for you and your child. Serving clients in the Indianapolis area, contact him to schedule an appointment.