When relationships change, some grandparents are often cut off from the grandchildren’s lives. In such situations, many grandparents might wonder if the law allows them to request court-ordered visitation. Indiana law allows grandparents to petition for visitation in limited circumstances, but meeting the eligibility requirements do not guarantee the court will grant the request.
When can grandparents request visitation?
In Indiana, unlike parents, grandparents do not have the same automatic right to parenting time. When a grandparent is legally eligible to request visitation, the court may consider the grandparent’s relationship with the child and whether visitation would serve the child’s best interests. The court might consider whether the grandparent had a meaningful connection and contact with their grandchild. A request for visitation is different from a request for custody and follows different legal standards. Under the Indiana Grandparent Visitation Act, a grandparent generally may petition for visitation only under certain circumstances:
- The child’s parents are divorced
- One of the child’s parents is deceased
- The child was born out of wedlock
If the child’s parents are still alive, remain married to each other and mutually decide to cut off contact with the grandparents, the court cannot intervene. Even if the grandparents meet the criteria to file a lawsuit, the United States Supreme Court protects a parent’s right to raise their child as they see fit. Indiana courts generally give special weight to a fit parent’s decision to limit or deny grandparent visitation.
To obtain court-ordered visitation, an eligible grandparent must show that visitation would serve the child’s best interests. The court must also give special weight to the fit parent’s decision and consider the amount of visitation the parent already allows.
Eligibility doesn’t guarantee visitation
It is devastating for many grandparents to lose contact with their grandchildren. However, family dynamics can be complicated and a single mistake could ruin your chances of visiting your grandchildren permanently. Seeking the guidance of an experienced legal professional could help you review your options and protect your rights.
