Most people are aware that children are tremendously impacted by divorce, and many struggle to adapt to this life change. Parents hoping to limit the negative long-term consequences of divorce usually work to keep a functioning relationship with an ex-spouse to reduce conflict and make the time-sharing arrangements easier for the child to accept. Certainly, maintaining a working relationship with the other parent is difficult at times, and will vary as the life circumstances of each parent and the child change. However, this effort is worthwhile because of the positive effect it has on the child. This notion of sharing responsibilities and working together to raise a child is termed “co-parenting,” and is supported by a large number of family law courts throughout the country. Many judges in Indiana require divorcing parents to attend parenting classes that are designed to teach parents about effective ways to communicate and formulate workable time-sharing plans so conflict is not a constant issue.
A recent study conducted by researchers at the University of Missouri looked at factors that influence a parent’s ability to co-parent following divorce along gender lines. The researchers found that fathers’ concerns over child support, and mothers’ concerns over the fitness of the father, were the largest issues impacting a parent’s ability to effectively engage in co-parenting. Parenting plans that establish time-sharing schedules are the backbone of any co-parenting effort, and the Indiana Supreme Court has created guidelines on parenting time to help parties figure out how to handle childrearing responsibilities post-divorce. An overview of the provisions of these important guidelines will follow below.
Custodial vs. Non-Custodial Parents
While the vast majority of divorced parents share custody of their children, more often than not, one parent is primarily responsible for childcare. This person is termed the custodial parent, and has physical custody of the child most days of the year. The other parent, called the non-custodial parent, still has rights to a reasonable amount of parenting time, and these rights can only be terminated if a court determines the parent poses a risk to the child’s physical or mental health. Consequently, most non-custodial parents can expect to see their child on a regular basis, and this schedule is set out in the parenting plan.
Communication
The Indiana Supreme Court Parenting Time Guidelines, while useful when crafting a parenting plan, are not enforceable and only serve as a template for parents wishing to control conflict. One important area addressed in this document is communication between the parents and the child. It suggests that the parents keep each other up-to-date on current phone numbers, work and home addresses, and email addresses. Furthermore, it encourages parents to maintain frequent contact with their child and to refrain from interfering with the other parent’s attempts to communicate. One point it makes that is key to co-parenting is to not use a child to pass information between parents as this puts the child in an inappropriate role.
Exchanging Information
The guidelines also address obtaining and sharing information related to the child. Each parent has a general obligation to maintain contact with a child’s school, doctors, and other providers, and to also share relevant information with the other parent to prevent anything that could hurt the child. Such communication is especially important for activities and other obligations that involve only one parent. While each parent is legally entitled to a child’s school and medical records, both parents should still make an effort to notify the other of new information to support the child’s best interests.
Conflict Resolution
When parents do disagree, every attempt should be made to resolve the conflict, which may include mediation, with litigation being the last resort. Children should not be permitted to disrupt the time-sharing schedule, and each parent is responsible for ensuring the child abides by it. Finally, withholding parenting time is not a permissible responsible to a violation of the parenting plan. Only a court has the authority to punish a parent for noncompliance.
Get Help
Drafting a parenting plan is a crucial aspect to any divorce involving minor children, but should be done with an eye to the legal rights and consequences at stake. A divorce attorney can help you assess how to create a parenting plan that works for you and your family. Attorney Christopher L. Arrington represents divorce clients in the Indianapolis area, and will work to get you the best possible results. Contact him to schedule an appointment.