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Visitation Rights of Grandparents in Indiana

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Visitation Rights of Grandparents in Indiana

Child visitation generally refers to the amount of time a non-custodial parent spends with her child. In Indiana, state law does give grandparents visitation rights.

What Law Will Help Me Obtain Visitation with My Grandchildren?

According to law I.C. 31-17-5-1 a grandparent can seek visitation with grandchildren when:

  • The grandchild’s parents divorce
  • The grandchild’s parent dies, and the deceased parent was the child of grandparent
  • Paternity of the grandchild has been establish when the child was born out of wedlock

How Do I Proceed with Getting Visitation with My Grandchildren?

You have to go to court and follow the same procedures as parents would in a child visitation case.

What Will the Courts Look at When Deciding Grandparent Visitation?

The court will consider what sort of visitation is in the best interest of the grandchild. In most cases, the court will not decide how much visitation time is allowed between grandparent and grandchild.

Who Will Decided How Much Visitation I Will Receive?

Typically, the court will leave that up to the child’s parents. The Grandparent Visitation Act assumes the parent or parents are acting in the best interest of the child. This means giving the grandparents and children a reasonable amount of time to spend with each other.

What If I Am Unhappy with the Amount of Visitation Time I Receive?

A grandparent will not likely prevail in court if they are only petitioning for more time with their grandchildren when they already have a set visitation schedule that allows them to see their grandkids.

Should I Talk with an Attorney about Grandparent Visitation Rights?

When you are looking to enforce your right to visit your grandchildren, you should schedule an appointment with a family attorney. Talking to an attorney will help you to understand more about your legal rights and what you need to do to file a petition.

Photo of page author Taelonnda Sewell

, LegalMatch Legal Writer

Last Modified: 04-20-2018 02:26 AM PDT

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