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  1. #1
    Join Date
    Aug 2011
    Location
    Louisville Kentucky
    Posts
    7

    Default Getting Overnight Visits With a Toddler

    This is for the state of Indiana. I have been told that I can not get overnight visits from my daughter till she is 3 years of age, is this true? Also I wanted to know when she is old enough to choose which parent to live with? Is there an age where she can choose to have my last name?

  2. #2
    Join Date
    Jan 2006
    Posts
    27,034

    Default Re: Legal Ages

    Quote Quoting student5433
    View Post
    This is for the state of Indiana. I have been told that I can not get overnight visits from my daughter till she is 3 years of age, is this true? Also I wanted to know when she is old enough to choose which parent to live with? Is there an age where she can choose to have my last name?
    Overnights during the first 3 years: depends on the situation but definitely not ruled out.
    A. INFANTS AND TODDLERS
    Introduction
    The first few years of a child's life are recognized as being critical to that child's ultimate development. Infants (under eighteen months) and toddlers (eighteen months to three years) have a great need for continuous contact with the primary care giver who provides a sense of security, nurturing and predictability. It is thought best if scheduled parenting time in infancy be minimally disruptive to the infant's schedule.
    Commentary
    1. Both Parents Necessary. It is critical that a child be afforded ample opportunity to bond with both parents. A young child thrives when both parents take an active role in parenting. There is a positive relationship between the degree of involvement of mothers and fathers and the social, emotional, and cognitive growth of a child. Both parents can care for their child with equal effectiveness and their parenting styles may make significant contributions to the development of the child. Parents, therefore, must be flexible in creating for each other opportunities to share both the routine and special events of their child's early development.
    2. Frequency Versus Duration. Infants and young children have a limited but evolving sense of time. These children also have a limited ability to recall persons not directly in front of them. For infants, short frequent visits are much better than longer visits spaced farther apart. From the vantage point of the young child, daily contact with each parent is ideal. If workable, it is recommended that no more than two days go by without contact with the noncustodial parent. A parent who cannot visit often may desire to increase the duration of visits but this practice is not recommended for infants. Frequent and predictable parenting time is best.
    1. Overnight Parenting Time. Unless it can be demonstrated that the non-custodial parent has not had regular care responsibilities for the child, parenting time shall include overnights. If the non-custodial parent has not previously exercised regular care responsibilities for the child, then parenting time shall not include overnights prior to the child's third birthday, except as provided below.
    Commentary
    Overnight contact between parents and very young children can provide opportunities for them to grow as a family. At the same time, when very young children experience sudden changes in their night time care routines, especially when these changes include separation from the usual caretaker, they can become frightened and unhappy. Under these circumstances, they may find it difficult to relax and thrive, even when offered excellent care.
    When a very young child is accustomed to receiving regular, hands-on care from both parents, the child should continue to receive this care when the parents separate. Regardless of custodial status, a parent who has regularly cared for the child prior to separation should be encouraged to exercise overnight parenting time. When a parent has not provided regular hands-on care for the child prior to separation, overnight parenting time is not recommended until the parent and the child have developed a predictable and comfortable daytime care taking routine.
    2. Parenting Time In Early Infancy. (Birth through Age 9 Months)
    (A) Birth through Age 4 Months:
    (1) Three (3) non-consecutive “days” per week of two (2) hours in length.
    (2) All scheduled holidays of two (2) hours in length.
    (3) Overnight if appropriate under Rule 1 above but not to exceed one (1) 24 hour period per week.
    Commentary
    The custodial home is the preferred place for this parenting time to occur. However, in some cases this may not be practical. Parenting time should occur in a stable place and without disruption of an infant's established routine.
    (B) Age 5 Months through Age 9 Months:
    (1) Three (3) non-consecutive “days” per week of three (3) hours per day. The child is to be returned at least one (1) hour before evening bedtime.
    (2) All scheduled holidays of three (3) hours in length. The child is to be returned at least one (1) hour before evening bedtime.
    (3) Overnight if appropriate under Rule 1 above but not to exceed one (1) 24 hour period per week.
    3. Parenting Time In Later Infancy (Age 10 Months through Age 18 Months)
    (A) Age 10 Months through Age 12 Months:
    (1) Three (3) non-consecutive “days” per week, with one day on a “non-work” day for eight (8) hours. The other days shall be for three (3) hours each day. The child is to be returned at least one (1) hour before evening bedtime.
    (2) All scheduled holidays for eight (8) hours. The child is to be returned at least one (1) hour before evening bedtime.
    (3) Overnight if appropriate under Rule 1 above but not to exceed one (1) 24 hour period per week.
    (B) Age 13 Months through Age 18 Months:
    (1) Three (3) non-consecutive “days” per week, with one day on a “non-work” day for ten (10) hours. The other days shall be for three (3) hours each day. The child is to be returned at least one (1) hour before evening bedtime.
    (2) All scheduled holidays for eight (8) hours. The child is to be returned at least (1) hour before evening bedtime.
    (3) Overnight if appropriate under Rule 1 above but not to exceed one (1) 24 hour period per week.
    (C) Age 19 Months through 36 Months:
    (1) Alternate weekends on Saturdays for ten (10) hours and on Sundays for ten (10) hours. The child is to be returned at least one hour before bedtime, unless overnight is appropriate under Rule 1.
    (2) One (1) “day” preferably in mid-week for three (3) hours, the child to be returned at least one (1) hour before evening bedtime, unless overnight during the week is appropriate under Rule 1.
    (3) All scheduled holidays for ten (10) hours. The child is to be returned one hour before bedtime.
    (4) If the non-custodial parent who did not initially have substantial care responsibilities has exercised the scheduled parenting time under these guidelines for at least nine (9) continuous months, overnight parenting time may take place.

    as to the other two questions: 18 for both of them

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,555

    Default Re: Legal Ages

    I will say though, if OP is in Kentucky the chances of getting overnights are GREATLY reduced.

    ETA: Op, is this a DIFFERENT child from the infant in your other thread?

    Please clarify. Because with an infant of only a few months old, you're not getting overnights unless Mom agrees.
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