Indiana Child Support, Custody, and Parenting Time During COVID-19 Emergency

On March 31, 2020, the Indiana Supreme Court entered a standing order concerning child custody, parenting time and support, given the ongoing health emergency in the State of Indiana. A link to that order is at the bottom of this page.

To summarize:

  1. Parents are encouraged to be flexible and cooperate during this time.
  2. Transporting minor children for parenting time is “essential travel” per Executive Order 20-08. The Indiana Directive for Hoosiers to Stay at Home should not be used as an excuse to not follow scheduled parenting time.
  3. Existing custody and parenting time orders are to remain in place during the emergency.
  4. The existing school calendar for the minor child(ren) will still be used to determine or interpret custody and parenting time, even though the school may be closed.
  5. Parents may agree to a temporary modification of custody and parenting time orders, but it must be in writing. The written agreement does not need to be filed with the Court.
  6. If parents find that they cannot follow existing or temporary custody and parenting time orders or agreements, they may file an emergency petition to modify.
  7. Child support payments are to be made as scheduled, even if the child support office is not accepting payments in person. Payments may still be made online, by mail, or by phone, or by third-party locations that accept Indiana Child Support payments. Parents who cannot make their support payments may file an emergency petition with the Court.
  8. Parents who are presently represented by an attorney in their family law case must have their attorney make filings on their behalf.

Links:

Indiana Supreme Court March 31, 2020 Order: https://www.in.gov/judiciary/files/order-other-2020-20S-ms-238.pdf

Indiana Judicial Branch COVID-19 resource site: https://www.in.gov/judiciary/5575.htm

Indiana Directive for Hoosiers to Stay at Home: https://www.in.gov/gov/files/Executive_Order_20-08_Stay_at_Home.pdf

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