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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
      • Grandparent Visitation
      • Guardianships
      • High-Asset Divorces
      • Legal Separation
      • Paternity
      • Pre- And Post-Nuptials
      • Protective Orders
      • Relocation
    • Criminal Law
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      • Indianapolis Criminal Defense Attorney
      • Indianapolis Drug Crime Attorney
    • Appellate Practice
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      • Divorce Appeals
      • Child Custody Appeals
      • Civil Appeals
      • Petition For Rehearing
    • General Practice
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      • Indiana Civil Litigation Attorney
      • Indiana Civil Statutes Of Limitations
    • Probate & Estate Planning
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The Attorneys at Dixon & Moseley, P.C.

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  5. Can Grandparents/Step-Grandparents Get Custody of Their Grandchildren

Can Grandparents/Step-Grandparents Get Custody of Their Grandchildren

On Behalf of Dixon & Moseley, P.C. | Jan 8, 2019 | Child Custody, De Facto Custodian, Grandparents Rights

Yes, in some cases. Nationally as well as in Indiana, grandparents are increasingly raising their adult children’s children. Sometimes this is just being great and helpful grandparents. In some cases, such as a parent going back to school or distant work relocation, parents must do so to better their lives, but in others, they do so for legally impermissible reasons, such as addiction issues; these parents simply leave their children with grandparents to raise. For all practical purposes, the grandparents take over the role of caregiver and provide all the support, shelter, and care and nurture of the grandchildren. In these cases, children often psychologically bond with their grandparents and have no contact with the parents. This bonding becomes like a parent. In these cases, the law allows grandparents to sue to obtain custody by being legally determined as de facto custodians and be awarded custody over their grandchildren. The requirements for obtaining this legal right is the focus of this blog post.

The first requirement grandparents must fact is showing they have had provided the care, nurture and support of their grandchildren for a period of at least six (6) months for older children (i.e., other than babies). This period may be non-consecutive blocks of time. The longer the time, the greater the grandparents have in legal proceedings to obtain custody. The evidence to support this may range from photographs of the grandparents doing parenting activities, such as attend school events to holiday parties where the parents are absent.

Secondly, the parents must have left or abandoned the children with the grandparents for illicit reasons. In other words, evidence that a parent who must leave his or her children in the care of the grandparents for self-betterment will not work to establish de facto custodian status. Significant reasons are to attend school, work or similar reasons such as military deployment. Here public policy and a fundamental right of parents to raise their children trumps the children’s bonding with a grandparent.

Lastly, all decisions a court makes in custody cases should be in the children’s best interests. If the evidence demonstrates a grandparent or step-grandparent should have custody, the court can award such custody. Normally, this is evidence by bonding of a grandparent with his or her grandchild. This may be shown in a variety of ways, such as by the testimony of specific events to bonding assessments by clinical psychologists.

While these cases are difficult, especially where a parent disputes grandparent are de facto custodians, the law allows a neutral judge to decide this matter in the child’s best interests. This is where the assistance of a skilled attorney can help grandparents analyzed the time they have provided the requisite care and assemble the evidence to prove this to the court. This is a high evidentiary burden but can be met. Many grandparents have sought de facto custody. In addition, grandparents in this situation have other legal remedies, such as guardianships or grandparent visitation as legal tools to provide some relief. Dixon & Moseley, P.C. advocates handle child custody cases and grandparent’s de facto custody cases throughout the State. This blog is written for general informational purposes only. It is not legal advice or a solicitation for services. It is an advertisement.

What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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Recent Posts

  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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