Indianapolis Grandparent Visitation Lawyer

“My kids are estranged but not divorced. Can I get grandparent visitation? My son passed before paternity was established, but everyone knows that is my grandchild. Do I have a right to grandparent visitation?”

Under a key case issued by the United States Supreme Court in 2000, Troxel v. Granville, it severely limited the ability of a third party, including grandparents to have custody, parenting time, or visitation with their grandchildren, unless they could establish they were de facto custodians and obtain custody in the grandchildren’s best interests. However, Indiana does have a Grandparent Visitation Act, which can allow certain grandparents to obtain visitation with their grandchildren.

How Indiana’s Grandparent Visitation Act Works

Grandparent may seek visitation with their grandchildren if the child’s parent is deceased or the parents have divorced. That said, a court cannot grant grandparent visitation rights to a paternal grandparent if the child who is born out of wedlock if the child’s father had not established paternity in relation to the child. Paternity, even though the technology exists, cannot be established after the fact to allow paternal grandparents to seek visitation under the law at this time.

This noted, a grandparent who seeks grandparent visitation must file a specific petition requesting same in the court having jurisdiction over the parents’ divorce proceedings or paternity case. At this point, good lawyering comes into play in determining the evidence to present to obtain grandparent visitation (it is not a given a grandparent who files for grandparent visitation will be awarded visitation).

What Indiana Judges Consider When Deciding Grandparent Visitation Rights

The court may grant visitation rights if it is in the child’s best interest. The most important evidence to present (which often takes significant work of grandparents and their counsel) is that the grandparents have had meaningful contact with the children. This may be established from journals, calendars (noting time with the grandchildren), photos and the like. Gathering these and establishing systematic visitation with the grandchild makes or breaks the case.

Because the child’s best interest is always paramount, the court may interview the child in chambers (the judge’s office) to assist it in determining the child’s perception of whether visitation by the grandparent is in the child’s best interests. In cases where the children have been alienated from the grandparents, this may present significant challenges for trial counsel. If the child is particularly young a bonding assessment may be necessary.

Frequently Asked Questions About Grandparent Visitation In Indiana

Indiana grandparent visitation law is specific, and the questions it raises are just as specific. Below, we address the ones that matter most at this stage.

Does Marion County require mediation before a judge will rule on a grandparent visitation request?

Yes. Marion County courts often require or encourage mediation before a judge will hear the case at a formal trial. Mediation is a confidential process in which a neutral third party works with you and the child’s parents to reach a voluntary visitation agreement. Reaching an agreement outside of court can spare your family significant emotional and financial strain. If mediation does not produce an agreement, the case proceeds to a formal hearing before the judge.

What happens if a parent ignores a judge’s order granting me grandparent visitation?

You have the right to file a Motion for Contempt of Court. This filing formally notifies the Marion County court that a parent is refusing to honor an active visitation order.

If the Marion County judge finds the parent willfully violated the order, that parent could face serious legal consequences. The court may impose fines, require the parent to pay your attorney fees or order other sanctions. A pattern of willful noncompliance may be considered by the court in related future proceedings.

Can an Indiana judge grant me overnight stays or permission to travel out-of-state with my grandchild?

Yes, but you must explicitly request these privileges in your petition and a judge must formally approve them. Each case is evaluated individually, but judges are more likely to grant overnight stays or out-of-state travel when you can demonstrate a strong, consistent bond with the grandchild and a history of providing overnight care. Courts will also weigh whether granting these requests serves the child’s best interests.

Contact Us Today For Help Navigating Grandparent Visitation

While grandparent visitation is limited (unless the grandparents can show they are de facto custodians and obtain custody), a skilled lawyer can help you develop your case and obtain the maximum time with your grandchildren. Alternatively, a skilled grandparent visitation attorney may defend a biological parent’s objections to grandparent visitation. Dixon & Moseley, P.C., advocates handle all aspects of grandparent visitation.

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