Grandparent Visitation: What is it? & Can I get it?
Under Indiana law, grandparents do have the right to seek visitation with their grandchildren under certain circumstances. Indiana Code Title 31, Article 17, Chapter 5 outlines the provisions for grandparent visitation in Indiana.
To be eligible for grandparent visitation, the following conditions must be met:
The grandparent must have standing: This means the grandparent must have had a substantial relationship with the grandchild, and either the child's parent is deceased, the parents are divorced, or the child was born out of wedlock (for paternal grandparents, the father must have established paternity). Additionally, the grandparent must have had a significant role in the child's life, and it must be in the child's best interests to continue the relationship.
The court must determine it is in the child's best interests: If the grandparent meets the standing requirement, they can petition the court for visitation rights. The court will consider factors such as the child's age, the relationship between the child and grandparent, the child's overall well-being, and the parents' wishes regarding visitation.
It is essential to remember that the United States Supreme Court has ruled that parents have a fundamental right to make decisions concerning the care, custody, and control of their children. Therefore, grandparent visitation statutes must be carefully crafted to respect this right while also considering the best interests of the child.
Family law is complex. If you are a grandparent seeking visitation rights or if you are a parent involved in a grandparent visitation case, it is crucial to consult with an experienced Indiana attorney who can guide you through the legal process and provide personalized advice based on the best interest of the child involved and the current state of Indiana law.