Co-Parenting Difficulties

          In Indiana, the noncustodial parent has a duty to pay child support for the benefit of his/her child. The right to receive child support is the child’s right not the right of the custodial parent. Unfortunately, many parents find themselves in a situation where it may seem easier to agree that the noncustodial parent will not pay child support, and in exchange, the noncustodial parent will not have any parenting time or input into the child’s life. On June 25, 2013, the Indiana Supreme Court  held that such agreements are void as a matter of law and stated “the concept of parents negotiating away parenting time as a means to eliminate the obligation to pay child support is repugnant and contrary to public policy.” Perkinson v. Perkinson, 36S05-1206-DR-371. 

In an opinion written by Justice David, the Court reiterated that it is presumed that the best interests of the child are served by receiving parenting time with both parents. The Court stated that the child has a right to parenting time with the noncustodial parent, and courts cannot deny a noncustodial parent’s request for parenting time absent specific findings that the noncustodial parent would endanger the child’s physical health or well-being or significantly impair the child’s emotional development. Therefore, agreements made between parents that contract away the child’s right to parenting time, when the presumption that such parenting time is in the child’s best interest has not been defeated, are void or unenforceable as a matter of public policy. 

            Co-parenting after a divorce or determination of paternity is difficult. You may believe that life would be easier or better if you or the other parent was not involved in your child’s life. In this recent decision, the Indiana Supreme Court has reinforced that, in most circumstances, it is in the child’s best interests for both parents to be involved in the child’s life. If you find yourself in a difficult co-parenting situation, there are options available to high conflict parents to learn to work together or co-parent for the benefit of their children such as Parenting Coordinators, Parallel Parenting or in-depth Parenting Plans. Contact Eric Benner or Alicia Adcock to discuss these options as well as other options available to you based upon your specific circumstances.

           For the full text of the Perkinson opinion click on this link: http://www.in.gov/judiciary/opinions/pdf/06251303shd.pdf