Visitation Rights in Indiana
By Olivia Wathne, Esq. | Legally reviewed by Jordan Walker, J.D. | Last reviewed June 19, 2025
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Visitation rights in Indiana, which are also referred to as “parenting time,” allow noncustodial parents to spend time with their children. These rights can be limited to supervised visitation if a parent poses a danger. Indiana prioritizes children's best interests by offering legal and physical custody types and favoring joint legal custody for shared decision-making.
The Indiana Parenting Time Guidelines help structure visitation, but exceptions exist for cases involving domestic violence or substance abuse. Court orders can modify visitation based on significant changes affecting the child's welfare. This article will get you up to speed on what you need to know about visitation rights in Indiana.
Custody and Visitation Rights in Indiana
In Indiana, custody and visitation rights are determined based on the children's best interests. The focus is placed on their unique needs, well-being, and stability. The state recognizes two primary types of custody: legal and physical. Legal custody involves making important decisions about the child's life. This can include education, healthcare, and religion. Physical custody refers to where the child lives.
Indiana courts are inclined to favor joint legal custody to ensure both parents are involved in significant decisions. Custody arrangements can include either primary physical custody to one parent or shared parenting, where joint physical custody allows the child to spend substantial time with both parents.
A detailed parenting plan establishes the visitation schedule for the non-custodial parent, outlining regular visitation, holidays, and school breaks. If parents cannot reach an agreement, the court issues a custody order to define each parent's rights and responsibilities. This ensures the arrangement serves the child's best interests and supports a consistent and meaningful parent-child relationship.
Indiana Parenting Time Guidelines
The Indiana Supreme Court established the Indiana Parenting Time Guidelines for courts to use when deciding visitation issues. The guidelines provide specific residential schedules for children based on their age and visitation information about parental communication and transportation.
Courts should follow the guidelines, but may offer written reasons not to follow them if it's in the best interests of the child. The guidelines don't apply to situations involving the following:
- Domestic violence
- Substance abuse
- Risk of the parent leaving the state with the child
- Any circumstances that may cause physical or emotional harm to the child
Visitation Rights in Indiana: Summary
Even after reading the relevant statutes, it's often difficult to understand the exact meaning of the law. Use the chart below for clear introductory information about visitation rights in Indiana.
Indiana Visitation Rights Statutes |
Indiana Code Title 31:
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|---|---|
Indiana Visitation Rights: Delegation; Making Up Lost Parenting Time; Interference |
A parent who has received deployment orders can delegate their parenting time during the time that they are deployed:
Termination of Delegation If a court delegates parenting time, the order delegating parenting time automatically terminates after the parent returns from deployment. A court may terminate an order delegating parenting time if the court determines that the delegated parenting time is no longer in the best interests of the child. Making up Missed Parenting Time A noncustodial parent who misses parenting time may make up the lost parenting time if they missed it as a result of participation in an activity of:
Interference with Parenting Time A noncustodial parent may file for an application (in the court that has jurisdiction over the dissolution of marriage) for an injunction against the custodial parent if the following conditions apply to the noncustodial parent:
|
Indiana Grandparent Visitation Rights |
A grandparent can seek visitation rights if:
Indiana courts can't grant visitation rights to a paternal grandparent of a child who is born out of wedlock if the child's father has not established paternity. |
Indiana Modification of Parenting Time Order |
A court may modify an order granting/denying parenting time rights if it's in the child's best interests. This may be necessary if there's a substantial change of circumstances for one or both parents. The court won't restrict parenting time rights unless it finds that the parenting time might endanger the child's physical health or significantly impair the child's emotional development. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Visitation Rights in Indiana: Related Resources
Contact an Attorney About Visitation Rights in Indiana
If you're a parent, it's critical to understand your visitation rights under the law. If you have questions about modifying your parenting time schedule or other visitation rights issues in Indiana, then contact an experienced family law attorney near you for legal advice.
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