Grandparent visitation rights with a child can be granted if 1) a parent of the child has passed away; 2) the parents’ marriage has been dissolved in Indiana; or 3) if the child’s parents were not married when the child was born. It is important that the paternity of the child be established, otherwise, a paternal grandparent cannot be granted visitation. If there is an adoption proceeding pending regarding the child, a petition for visitation must be filed before a decree of adoption is entered.
When a visitation request is made by a grandparent, the court considers whether the visitation would be in the best interests of the child and whether the requesting grandparent has had or attempted to have meaningful contact with the child. There are specific factors that courts are required to consider when determining whether visitation is in the child’s best interests. Following the United States Supreme Court case Troxel v. Granville, the factors that the court must address for visitation requests are 1) a presumption that a fit parent’s decision regarding visitation is in the child’s best interests; 2) the “special weight” that is given to the decision of a fit parent; 3) “some weight” given to whether the parent has completely denied grandparent visitation or has allowed some visitation; and 4) whether the requesting grandparent has met the burden of showing that grandparent visitation is in the child’s best interests.
The requesting grandparents have the burden of proof in these cases, and these factors emphasize the amount of deference that is given to a fit parent’s wishes regarding the grandparents’ contact with the child. The judge may allow an in-camera (in chambers) interview of the child to help determine whether visitation is in the child’s best interest.
Our family law attorneys help individuals and families in central Indiana on a variety of family matters. Contact the experienced family law attorneys at CohenMalad, LLP if you have questions.
