Grandparent Visitation Rights
Generally
In Indiana, a trial court may grant visitation rights to grandparents if certain conditions are met. Specifically, there must be a situation where: (1) a child's parent is deceased; (2) a child's parents are divorced; or (3) a child was born outside of the parents' marriage. If any of these three conditions has been met, the court may grant the child's grandparents visitation if it is in the best interests of the child and if it can be shown that the child's parent is not acting as a fit parent in denying a grandparent visitation with the child.
Some key factors the court will consider include whether a grandparent has had or has attempted to have meaningful contact with the child during the child's lifetime. In addition, the court can consider the parents' reasoning in denying or limiting visitation, and what visitation the child's parent is already providing to the grandparents voluntarily. The court may interview the child in the court's chambers (known as an in-camera interview) to assist the court in determining the child's perception of whether visitation by the grandparents is in the best interest of the child. The court may additionally take testimony from family members, therapists, and other persons who may have a close relationship with the child.
Court Proceedings
A proceeding for grandparent's visitation is commenced by filing a petition in the appropriate court in the county where the child resides or the county in which the child's parents were divorced. After the petition has been filed, grandparents can enter into settlement negations with the child's parents if all parties agreeable to discussing the matter. In the event that settlement negotiations are unsuccessful, the case will proceed to hearing. At the hearing, each party will be permitted to present evidence supporting their respective positions and the judge will make a decision regarding the best interests of the child. If an order for visitation is granted, that order may be modified at a later date if such modification would serve the best interests of the child.
It is important to keep in mind that there is no specific legal standard in Indiana for determining how much visitation is "too much." The amount of visitation either agreed to by the parties or ordered by the court will depend upon various factors. For instance, the court may evaluate how much time the grandparents have spent with the child in the past and/or could choose to examine the child's needs. In short, the trial court is vested with a broad amount of discretion in evaluating grandparent visitation cases.
If you are encountering a situation in which visitation with your grandchild has been limited or completely denied, we encourage you to contact our law office for further information and details on this process. Likewise, if you are a parent of a child faced with an action for grandparent visitation, which you do not believe is not in your child's best interest, we can assist you in protecting your rights as a parent. With respect to either position, we understand the strong emotion that goes into protecting your grandchild or your child, and we are able and willing to assist in advocating for your position.
