Grandparent Visitation In Indiana

Grandparents can often feel anxious they will become the “forgotten casualties” of a divorce, with all the emphasis placed on the ex-­spouses’ and children’s rights. This is not true. Divorce does not automatically close doors to grandparents’ rights to see their grandchildren through visitation, after the grandchildren’s parents are divorced. Anybody in this situation may feel powerless, but they are not. They do need to know the law, however. So, how does it work?

In the State of Indiana, a grandparent may seek visitation rights to a grandchild if one of the following conditions is met:

1) A parent is deceased;
2) The parents are divorced; or
3) The parents were never married.

A paternal grandparent does not have visitation rights to a grandchild if their own son (the child’s father) has never established paternity. The court will determine if grandparent visitation rights are in the best interests of the child. A main factor to consider is whether the grandparent has had, or has attempted to have, meaningful contact and a good relationship with the child. Do not feel discouraged if this contact has not been established because often times, it is from someone intentionally trying to block you from the child and interfere with your efforts. Roman­-Lagunas & Wheeler attorneys are experienced in helping grandparents obtain regular and meaningful contact with their grandchildren when reunification never seemed like an option in the past.

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