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Concerns rise as revised parenting time guidelines near completion

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A first-ever review of Indiana’s Parenting Time Guidelines is nearing completion, but what the final proposal will look like isn’t known yet.

Among the proposed changes: Revisions to holidays that could affect weekend parenting time; new language dealing with online communication between parents and children and use of technology such as Skype; and revised rules regarding overnight visitation.

billick Billick

But perhaps the most significant changes pertain to proposed guidelines for parents in high-conflict situations: the guidelines under consideration would include provisions governing the use of parenting coordinators and “parallel parenting.”

Christopher Barrows, an attorney at Avery & Cheerva LLP in Indianapolis, is a parenting coordinator who said the rumor mill is churning about what language, if any, will be adopted regarding parenting coordinators. Court-appointed PCs act as buffers between parents to mediate and attempt to resolve differences regarding parenting time and other issues, but the current guidelines have no language addressing their roles.

“Some of the concern I have about the parenting coordinator rules is that the rules don’t go far enough in giving authority to the PC,” he said. As written, the rules wouldn’t allow parenting coordinators to make binding recommendations without a judge’s intervention, he explained.

In current practice, Barrows said he tries not to make binding resolutions unless he feels he has to. And in those cases, both parents must agree to the recommendation. He said it’s a useful tool.

“If it’s objected to within seven days, it’s not binding and they can take it to court,” Barrows said. But, he added, it also raises the practical question for parents: “Is this a battle you actually want to fight?”

Two committees of the Indiana Judicial Center – domestic relations and alternative dispute resolution – have been working for months on revisions to the guidelines after a period of public input closed.

Johnson Superior Judge Mark Loyd, who chairs the ADR panel, said that group has concluded its work and its counterpart committee will do so this month. The recommendations will then go to the Indiana Judicial Center board of directors, then to the Indiana Supreme Court for final approval, likely by year’s end.

What’s in those recommendations probably won’t be public knowledge until the judicial center board acts on them and moves them to the Supreme Court, said Jeffrey Bercovitz, director of juvenile and family law at the Indiana Judicial Center.

“The parenting time guidelines have not been reviewed since they were promulgated, and they were sorely in need of a review,” he said of the rules that took effect in 2001.

Loyd hinted at some changes that have been made after periods of public comment this year. “The rules as currently drafted would have a minimum level of credentials” for parenting coordinators, for instance.

The guidelines presented for public review earlier this year included a host of revisions, not limited to the adoption of parenting coordinator and parallel parenting rules. Those proposed revisions included:

Holidays. A proposed change would keep weekends following holidays on the original parenting schedule. In situations where parenting time alternates by weekend, the custodial parent could have children three weekends in a row. The proposed rules also clarified that each parent receives half of Christmas vacations and that if a child’s birthday falls on a holiday, the holiday establishes parenting time.

Overnights. The proposed guidelines would include a provision that overnight visitation shall be allowed “unless it can be demonstrated that the non-custodial parent has not had regular care responsibilities for the child.”

Electronic communication. A proposed guideline has been added encouraging communication between parents and children via phone, email and online services such as Skype. Such communication strengthens bonds between parents and children, according to the proposal.

Unacceptable reasons. A proposal lists reasons deemed unacceptable to refuse to provide parenting time. These include, among others, reasons such as a child refuses to go, the child isn’t home, the weather is bad, or the noncustodial parent is behind in support.

Rebecca Billick, a Bloomington attorney and domestic relations mediator, said she’s concerned the proposal for overnight parenting could harm the attachment bond that children under 3 form with their primary parent.

She said a growing body of research suggests that for very young children, frequent changes in where they’re sleeping can lead to difficulty understanding the world around them.

Among high-conflict parents, the proposed guidelines would include rules for parallel parenting, in which communication between parents is limited and usually in writing. Its uses typically would be reserved for situations where parenting counselors or family therapists are involved or when parenting time is being phased out.

But where parents can cooperate, the parenting time guidelines for the first time would place an onus on parents. A proposed section urges parents to make their own arrangements to establish parenting time where possible, subject to court approval.

“Parents should attempt to create their own parenting plan which is in the best interests of the child,” according to the last public draft proposed guidelines.

“The more we can resolve outside the courtroom, the quicker we can bring in the parties who can’t resolve their differences,’” Loyd said.•

Click here to read about the creation of the Indiana chapter of the Association of Family and Conciliation Courts.

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  • unjust treatment
    In addition to previous remarks in message from Terry Butcher: I'm 70 yrs old and she is 40 I have three grown children and three grown grand children and one great grand daughter,I still live where my son was born and I raised him the first four years of his life. She has forced me to see a neuropsychologist which I passed the testing just fine. Nothing I do is ever going to satisfy her, she thinks she can do no wrong and I'm not fit to have our son, but I was good enough to care for him while we were married and she was at work and going to concerts with her girlfriends and such. We never argue, we get along with each other in most areas. I just want my rights as a noncustodial parent as per parenting guidelines. Any suggestions you might offer would be appreciated. Thank you, Terry Butcher
  • just fair treatment
    In May of 2010, I went on a four day motorcycle trip, upon my return, my wife had left with our son who at that time was less than 4 years old. She refused to let me see him for almost 6 months and then it was with supervision because of things she concocted with some of her friends. After nearly two years, the divorce was final and she got full custody of our son, he is now 6 years old. She is referring to the guidelines that may go into effect next year and is applying them now.

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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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