Indiana law provides that a grandparent may file for visitation rights with their grandchild. A petition to establish grandparent visitation rights must be filed in the county where the child resides or where the parent’s divorce was entered.
A court may grant such visitation rights if it is found that visitation would be in the “best interests of the child.” In evaluation whether court-ordered visitation with a grandparent satisfies the best interests standard, the court may consider whether there has been “meaningful contact” with the child, or an attempt to have meaningful contact. “Best interests” and “meaningful contact” are broad terms and evaluating both is within the discretion of the court.
There are limitations as to when a grandparent may file for visitation. A petition may be filed if:
- The child’s parent is deceased;
- The child’s parents are divorced; or
- The child was born out of wedlock, with the qualification for the paternal grandparents that the father must have legally established paternity.
Please contact us if you would like to discuss your potential grandparent visitation rights.