Grandparents Visitation Rights – Valparaiso, IN.

At Cioe & Wagenblast PC, we assist grandparents in asserting their rights and interests in caring for a child, should the parents be unable to do so. In accordance with Indiana statute, the courts grant guardianship priority to those who were nominated in writing by the child’s parent. However, nominating one set of grandparents in writing does not automatically make them the choice for guardians. We represent clients on either side of the issue. We help layout a clear reason(s) why our clients should obtain guardianship, but keeping in mind factors such as;

• The child’s relationship with the grandparents
• The ability of the grandparents to care for the child
• The willingness of either side to support visitation
• The location of the grandparents in relation to the child’s current home & school

Together, we will explore the options that may be available to you and create a solution that addresses your concerns & wishes.

Grandparents Visitation Law in Indiana

In the state of Indiana, a trial court may grant visitation rights to grandparents if certain conditions are met. Here is the eligibility criteria for Grandparent Visitation in the state of Indiana;

• A child's parent is deceased
• A child's parents are divorced
• A child was born outside of the parents' marriage

If any of these 3 conditions has been met, the court may grant the child's grandparents visitation, as long as it is in the best interests of the child. It also must 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. 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 to assist with determining the child's perception of visitation with their grandparents. The court may additionally take testimony from family members, therapists, counselors, and other people who may have a close relationship with the child.

The Indiana Court Process – Grandparents Visitation Rights

A proceeding for grandparent's visitation is commenced by filing a petition in court in the county where the child resides or the county where the child's parents were divorced. After the petition has been filed, grandparents can enter into settlement negotiations with the child's parents if all parties agree to discuss the matter. If negotiations end without an agreement, the case will proceed to a 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 still be modified at a later date.

It is important to understand that there is no specific legal standard in Indiana for determining how much visitation is too much or too little.The amount of visitation either agreed to by the parties or ordered by the court will depend upon several factors. For example, the court may evaluate how much time the grandparents have spent with the child in the past and what the child’s needs are. The trial court is trusted with a broad amount of discretion in evaluating grandparent visitation cases.