These are unprecedented times that have brought uncharted territory for all of us. Indiana Governor, Eric Holcomb, issued Executive Order 20-08 on March 23, 2020 which requires all Hoosiers to stay at home subject to various exceptions. As a family law practitioner in Indiana, I know many parents are concerned with how this order affects their parenting time.
Do I have to follow our court-ordered visitation schedule?
Yes! Travel required to comply with custody and parenting time orders is expressly permitted in Indiana’s stay at home order. If a parent is exhibiting symptoms of COVID-19, parents should use their discretion to determine what is in the best interest of the child. It may not be in the best interest of the child to visit with a parent who has signs and symptoms of COVID-19. In that case, withholding parenting time – and allowing for make-up time at a later date – may be appropriate.
What if I have signs/symptoms or know I have been exposed and need to self-quarantine?
If you are exhibiting signs/symptoms and need to self-quarantine, you should work with the other parent to maintain regular contact through various technological means – depending on the age of your children. If you miss parenting time due to having COVID-19 or the need to quarantine, you are likely entitled to make-up the parenting time you missed. This is a great opportunity to co-parent.
Does all of this time off from school count as Spring Break?
No. Spring Break dates follow your school system’s official calendar. After the official end of Spring Break, parties should resume their normal parenting time schedule.
Is this a good time to exercise additional parenting time?
Maybe. If one parent has a job and will continue to be working outside of the home and the other parent is at home and not working, the parent staying at home may be entitled to additional parenting time if the child needs to be watched by someone who is not a member of the household. There are many factors to consider regarding additional parenting time and parents should consult with an attorney if they are unable to agree.
I am an attorney in Shelbyville, Indiana licensed to practice Indiana law. This information is intended for educational purposes only and is not considered legal advice for your specific situation. Should you require legal advice, please seek counsel from your attorney or contact The Law Office of Jaclyn K. Tweedy at jtweedy@tweedylegal.com or (317) 395-3094.