Divorce can be a complicated journey, filled with tough decisions about custody, finances, and even who gets to keep the family pet. However, one critical aspect often overlooked is the impact of divorce on grandparent visitation rights. How will grandparents maintain their cherished relationships with their grandchildren once the dust settles?
In Indiana, the Grandparent Visitation Act (IC §31-17-5-1) provides a framework for grandparents seeking visitation rights. According to this Act, a grandparent is defined as:
- The adoptive parent of the child’s parent,
- The parent of the child’s adoptive parent, or
- The parent of the child’s parent.
While this statute establishes who can seek grandparent visitation, this is only the first part of the analysis. It is important to note that not all grandparents can automatically request visitation. There are specific circumstances where this is allowed, including:
- If a parent has passed away,
- If the parents’ marriage has been dissolved in Indiana, or
- If the child was born out of wedlock and the father has established paternity.
If any one of these conditions is met, a grandparent may petition the court for visitation rights. However, the court must consider several factors when making its decision. In the case of In Re Visitation of M.L.B.[1], the Indiana Supreme Court highlighted key considerations, including:
- a fit parent’s decision about grandparent visitation is in the child’s best interest,
- the “special weight” that must be given to a fit parent’s decision regarding nonparental visitation,
- that “some weight” be given to whether a parent has agreed to some visitation or denied it entirely, and
- whether the petitioning grandparent has established that visitation is in the child’s best interest.
These factors can seem confusing and possibly even arbitrary, especially when a parent is hesitant or resistant to allowing grandparent visitation after a divorce. However, courts consider these factors collectively, taking into account the grandparent’s history with the grandchildren. Therefore, it is imperative that one seeking grandparent visitation presents evidence on these factors.
Every situation is unique, and the specifics can vary widely. However, it’s essential to know that grandparents do have rights to see their grandchildren in certain circumstances. If you find yourself in a position where a parent is blocking your access to your grandchildren yet your only desire is to support and love them there may be options available to you.
At Dixon & Moseley P.C., our experienced attorneys are dedicated to helping families navigate these sensitive issues. We understand the importance of maintaining familial bonds, and we’re committed to advocating for your rights as a grandparent. If you’re facing challenges in seeing your grandchildren, reach out to us to explore your options. Let us help restore the connection you cherish, drawing on our extensive experience and professionalism to guide you through this complex landscape.
This blog post is written by Dixon & Moseley, P.C. advocates and is not intended as specific legal advice or a solicitation for services. It is an advertisement.
[1] In Re Visitation of M.L.B., 983 N.E.2d 583 (Ind. 2013).
