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When is Grandparent Visitation Permitted Under Indiana Law?

Divorce and the separation of families has consequences that reach far beyond the borders of the central family unit. Extended family members, neighbors and friends commonly bear the fallout of these situations when people move away or become less social as a consequence of the breakdown in relationships. The loss of these connections is especially likely if just one parent holds child custody rights. Grandparents, in particular, lament this separation as they typically have close ties to their grandchildren and know time spent with them will decrease and perhaps even cease as the parents work to rebuild their lives. Indiana, recognizing the positive impact a grandparent-grandchild relationship can have on a child’s long-term well-being, does grant grandparents visitation rights in certain circumstances. An overview of the law on grandparent visitation rights, and recent court decisions that clarify when and how much visitation is appropriate, follows.

Grandparent Visitation Act

Grandparents can petition for visitation with their grandchildren under Indiana law in three instances:

  • The child’s parent is deceased;
  • The child’s parents divorce was granted by an Indiana court; or
  • The child was born to unwed parents.

However, for children born out-of-wedlock, visitation rights will not be granted to paternal grandparents if the paternity of the child is not established. Also, it is still possible to petition for visitation if the child’s parents obtained a divorce in another state as long as Indiana courts have the necessary jurisdiction.

When a court determines if visitation is appropriate, it will look first and foremost at the best interests of the child. Specifically, the court will assess the type of relationship the grandparent previously had with the child and any attempts to maintain meaningful contact throughout the child’s life. A court has the option of interviewing the child to aid its analysis of the child’s best interests and may permit counsel to be present during the interview. Once visitation is granted, the court has the authority to modify or rescind the order whenever it is in the child’s best interest.  

Additionally, adoption will cut off a grandparent’s right to ask for visitation unless the adoptive parent is one of the following:

  • Stepparent; or
  • A biological relation of the child, including: grandparent, sibling, aunt, uncle, niece or nephew.

Recent Court Decisions

Several Indiana courts issued decisions last year on grandparent visitation that refined how the law should be applied. The first case determined that a grandparent should receive visitation rights based on two factors – contents of a will executed by the child’s deceased mother which stated there should be continuing and frequent contact and a finding by mental health expert that  it was in the child’s best interest. However, the 79 days of visitation that was granted to the grandparent was generally considered to be improper because it approached the same amount of time a non-custodial parent would see a child.

The next case held that if a child is adopted by a stepparent, the grandparent only has a right ask for visitation if a court order establishing visitation existed before the adoption occurred. Finally, an appellate court ruled a grandmother could receive visitation rights following the death of her son, but the amount of visitation granted should not be tied to the Indiana Parenting Time Guidelines because it would be excessive and especially in light of the lack of regular contact between the grandmother and grandchild.

Consult a Family Law Lawyer

Child custody and visitation decisions are often the most contentious aspects of a divorce and can have a broach and far-reaching impact on extended family members. Grandparents perform an important role in a child’s life and should be allowed to continue to do so. If you have concerns about the amount of time you see your grandchild, consulting with a family law lawyer is the best way to learn if you have any right to ask for visitation. Christopher L. Arrington, representing clients in central Indiana, works to find solutions that satisfy all parties. Contact him to schedule an appointment to discuss your case.



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