Parenting time orders, often called visitation orders, are designed to ensure both parents maintain meaningful relationships with their children after separation or divorce. Unfortunately, compliance with these orders doesn’t always happen smoothly. When one parent consistently denies scheduled time or disregards court orders, the other parent may need to take legal action to protect their rights and their child’s well-being.
This guide explains how Indiana law addresses enforcing visitation, what happens when a parent is in contempt for missed visitation, and when a modification of parenting time or order enforcement becomes necessary.
Understanding Parenting Time Orders
Parenting time orders in Indiana are typically governed by the Indiana Parenting Time Guidelines (IPTG), which provide a baseline for how parenting time should be scheduled and exercised. Courts issue parenting time orders either as part of a divorce decree, paternity case, or custody modification.
These orders are legally binding. This means both parents must comply, failure to do so can trigger enforcement actions by the court.
Common Parenting Time Violations
Parenting time disputes can arise for many reasons, ranging from miscommunication to deliberate interference. Common violations include:
- Refusing to exchange the child at scheduled times.
- Canceling parenting time without reasonable cause.
- Withholding the child due to unpaid child support (prohibited by Indiana law).
- Consistently being late for drop-offs or pick-ups.
- Interfering with phone or electronic communication between the child and the other parent.
Indiana courts take such issues seriously, especially when they negatively affect the child or undermine the other parent’s relationship.
Enforcing Visitation Through the Courts
When informal resolution fails, a parent can file a Verified Petition for Contempt and Enforcement of Parenting Time Orders in the court that issued the original custody or parenting order. The goal is to ensure compliance and, if necessary, impose sanctions for noncompliance.
Enforcement options may include:
- Make-up parenting time for missed visits.
- Modification of the existing parenting plan to prevent future interference.
- Monetary sanctions or fines for willful violation.
- An order to pay attorney’s fees and court costs incurred due to enforcement actions.
Courts may also order parents to participate in mediation before pursuing contempt, particularly if the problem involves communication breakdowns rather than outright defiance.
Contempt for Missed Visitation in Indiana
When a parent knowingly and intentionally violates a parenting time order, the court may find that parent in contempt of court. Contempt is a powerful enforcement tool designed to uphold court authority and protect the parent-child relationship.
Possible penalties for contempt include:
- Fines imposed by the court.
- An order to provide make-up visitation within a specified time.
- Suspension of driver’s or professional licenses in extreme cases.
- In rare and egregious cases, short-term incarceration.
However, courts typically emphasize remedies that encourage compliance rather than purely punitive measures, particularly when children are involved. Often, the goal is to reestablish stability and cooperation.
Modification of Parenting Time Orders
Enforcement and modification are distinct legal actions, but they can overlap. If a parent’s repeated interference makes the existing order unworkable or not in the child’s best interests, the other parent may seek a modification of parenting time.
According to Indiana Code § 31-17-4-2, a parenting time order may be modified when it serves the best interests of the child. Circumstances warranting modification include:
- Persistent denial or interference with parenting time.
- Changes in the child’s age, school schedule, or health needs.
- Relocation of one or both parents.
- Pattern of noncompliance that demonstrates the current order is ineffective.
A modification aims not to punish but to create an arrangement that better supports the child’s stability and parental engagement.
Tools for Court-Ordered Enforcement
Judges have various mechanisms to ensure compliance with parenting time orders. Courts may:
- Clarify ambiguous orders if confusion about terms causes disputes.
- Order supervised parenting time if violations threaten the child’s well-being.
- Refer the case to family therapy or parenting coordination to improve co-parenting dynamics.
- Award compensatory parenting time to make up for lost opportunities.
- Impose sanctions or other restrictions designed to deter future violations.
Indiana’s statutes and Parenting Time Guidelines provide courts with flexibility to tailor remedies to the specific needs and behaviors of the parents.
When Law Enforcement or the Prosecutor May Assist
Indiana law allows limited law enforcement intervention in parenting time disputes. If a court order clearly defines custody or parenting time, police may assist in enforcing it when a child is wrongfully withheld. However, police involvement is typically reserved for emergency or high-conflict cases, such as when a child is not returned after scheduled time.
In some counties, the prosecutor’s child support division may assist with certain custody enforcement efforts, particularly when linked to nonpayment or contempt proceedings. Still, most enforcement actions remain civil, not criminal, in nature.
Practical Tips for Enforcing Parenting Time
Parents can often strengthen their enforcement efforts, and avoid escalation, by taking proactive steps:
- Document all violations with dates, times, text messages, and witness statements.
- Remain courteous and child-focused in all communications; avoid retaliatory behavior.
- Request mediation or legal guidance early, before patterns of denial become severe.
- Follow the order yourself to demonstrate good faith compliance.
- Consult with an experienced family law attorney to determine whether enforcement or modification is the best path forward.
Proper documentation and professionalism often make a substantial difference in how courts view a case.
Preventing Future Disputes Through Clear Agreements
One of the most effective ways to minimize parenting time disputes is to ensure clear, detailed, and practical orders from the outset. Parenting plans should specify:
- Exact exchange times and locations.
- Provisions for holiday and vacation schedules.
- Communication expectations (phone calls, video chats, etc.).
- Transportation responsibilities.
- Procedures for rescheduling or emergencies.
At Ciyou & Associates, P.C., our attorneys frequently assist parents in drafting and revising parenting time orders that anticipate real-world challenges and reduce uncertainty for both parties.
The Role of Legal Counsel
Because each case involves unique facts and interpersonal dynamics, obtaining seasoned legal guidance is essential. A skilled Indiana family law attorney can:
- Evaluate whether you have grounds for contempt or enforcement.
- Prepare persuasive pleadings supported by evidence of violations.
- Represent you during hearings or mediation.
- Advocate for modification or compensatory time if needed.
- Help ensure enforcement aligns with your child’s best interests.
Experienced counsel not only protects your rights but also helps maintain a structured, lawful co-parenting environment that supports your child’s emotional health.
Conclusion
Parenting time is more than a legal entitlement, it’s central to maintaining your relationship with your child. When the other parent refuses to comply, Indiana law offers multiple remedies, from enforcement orders to contempt proceedings and, when necessary, modifications to better serve the child’s interests.
At Ciyou & Associates, P.C., our Indiana family law attorneys have decades of experience enforcing parenting time orders statewide. Whether through legal action, mediation, or proactive planning, our mission is to help parents uphold their rights and safeguard their bond with their children.
Frequently Asked Questions
What can I do if my ex refuses to let me see my child as ordered?
You can document each violation and file a petition for enforcement or contempt in the issuing court. A judge can order make-up time, fines, or other remedies.
Can I withhold child support if the other parent denies visitation?
No. Indiana law treats parenting time and support as separate obligations. Withholding support can harm your own legal position.
How do courts determine contempt for missed visitation?
Contempt is found when the court determines that a parent has knowingly and willfully disobeyed a valid order. Good-faith misunderstandings or emergencies may mitigate contempt findings.
Can the parenting time order be changed if the other parent keeps violating it?
Yes. Persistent interference may justify a modification to create a more workable plan for the child’s stability and best interests.
Do I need an attorney to enforce parenting time?
While not required, working with a family law attorney ensures your filings, evidence, and arguments meet Indiana’s legal standards and maximize your chances of success.
This blog was written by the attorneys at Ciyou & Associates, P.C., serving families across Indiana. This material is for informational purposes only and does not constitute legal advice or a solicitation for services. Outcomes depend on individual circumstances and court discretion.
