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Related:

• Grandparent Visitation Schedule
• Co-parenting in Indiana

Do Indiana Grandparents Have Visitation Rights?

Yes, per Indiana Code § 31-17-5-1 Indiana grandparents have visitation rights. They can seek visitation if:

1. The child's parent is deceased 
2. The marriage of the child's parents has been dissolved in Indiana
3. The child was born out of wedlock. The only caveat is that the court may not grant visitation rights to a paternal grandparent of a child born out of wedlock under subsection, if the child's father has not established paternity in relation to the child.

 

What Criteria Indiana Family Court Used to Decide a Grandparent's Visitation and Custody Rights Case?

Ensuring the best interests of the child (Indiana Code § 31-17-5-2), is the main critera used by the court to grant visitation rights to grandparents. In assessing the child's best interests:

• The court may take into account whether a grandparent has actively sought meaningful contact with the child.
• Additionally, the court is empowered to conduct an in-chambers interview with the child to gain insights into their perspective on whether grandparent visitation aligns with their best interests. During such interviews, the court may allow the presence of counsel, and if counsel is present, the option to create a record of the interview is available, making it part of the official record for potential appellate purposes.

 

What is the Petition Process?

Starting the Visitation Process

Per Indiana Code § 31-17-5-3, to start the grandparent's visitation rights case in Indiana, a grandparent must file a petition with the following information:

1. The names and relationship of the petitioning grandparent(s), each child for whom visitation is sought, and the custodial parent or guardian of each child.
2. The current address of the grandparents and children.
3. The date of birth of each child for whom visitation is sought.
4. The status under section 1 of this chapter on which the grandparent bases their visitation request.
5. The specific relief sought - Full Custody or Visitation Rights

 

The petition must filed in circuit, superior or probate court of the county in which the child resides (Indiana Code § 31-17-5-4). This petition must be served to custodial and noncustodial parent or guardian of each child (Indiana Code § 31-17-5-5).  After considering evidence both in favor and against the petition, the court will issue an order for custody and visitation (Indiana Code § 31-17-5-6).  

 

Can Indiana Grandparents' Visitation Rights Be Revoked?

Yes, per Indiana Code § 31-17-5-1 if a judge feels that reovking a grandparent's visitation rights is in the child's best interest.

 

Grandparents' Rights By State

• Arizona
• California
• Florida
• Georgia
• Illinois
• Indiana
• Michigan
• New Jersey
• New York
• North Carolina
• Ohio
• Pennsylvania
• Texas
• Virginia
• Washington

 

Warning:  This post is neither financial, health, legal, or personal advice nor a substitute for the advice offered by a professional. These are serious matters, and the help of a professional is recommended as it can impact your future.