06 Jul Family Law: Birthdays and Co-Parenting
Shared Custody and Birthdays: Figuring Out a Schedule
Shared custody and birthdays can be hard. If your child’s birthday is approaching and you aren’t sure exactly which parent gets to spend the special day celebrating, the Indiana Parenting Guidelines may just help. If you already have an agreement as to where the child will be smashing his/her birthday cake, carry on with the agreement and breathe a sigh of relief….one less thing to worry about. However, if you can’t reach an agreement or this area is a source of struggle for you and the co-parent, the Indiana Parenting Guidelines can help address this issue.
According to the Indiana Parenting Guidelines, in any even numbered year (2020, 2022, 2024, 2026….), the non-custodial parent gets the child on the child’s birthday from 9:00 AM until 9:00 PM, UNLESS it’s a school day/night. If it’s a school day/night, then the non-custodial parent has the child on their birthday from 5:00 PM until 8:00 PM. Since the non-custodial parent has the child on their birthday in any even numbered year, the custodial parent can celebrate the child’s birthday any other day.
So, what happens in the odd numbered years (2019, 2021, 2023, 2025….)? Does the custodial parent celebrate the child’s birthday and the non-custodial parent is simply out of luck? Yes and no. The Indiana Parenting Guidelines indicate that in the odd numbered years, while the custodial parent does in fact get to celebrate the child’s birthday on their actual birthday, the non-custodial parent still gets to celebrate with the child, but on the day before the actual birthday. A non-custodial parent gets to celebrate the child’s birthday the day before from 9:00 AM until 9:00 PM, UNLESS it’s school day/night, in which case they can celebrate from 5:00 PM until 8:00 PM.
However, in the event that your child’s birthday happens to fall on a Special Day, Holiday or Christmas vacation defined by the Indiana Parenting Guidelines, the birthday celebration for your child will be celebrated with the parent who has the child during that time period.
So, if your child’s birthday is still yet to come in 2020, whether you are the custodial parent or the non-custodial parent, make sure to plan ahead so you know when you will be able to celebrate with your child for his/her birthday!
Indiana Family Law Attorneys
If you have questions about your rights as a custodial or non-custodial parent, Chambers Law Office can help! Our family law attorney can assist in drafting or modifying parenting time agreements, working with the other party to settle parenting time disputes, and help you navigate custody issues. Our attorneys are former deputy prosecutors and experienced trial lawyers ready to fight for you every step of the way. Contact Chambers Law Office today to schedule a consultation!