Do grandparents have rights in Indiana?
Do grandparents have rights in Indiana?
In Indiana, according to IC 31-17-5, “a child’s grandparent may seek visitation rights if the marriage of the child’s parents has been dissolved in Indiana”. Upon the filing of a petition, the court may grant visitation rights if the court determines that visitation rights are in the best interests of the child.
What rights do maternal grandparents have?
Grandparents only have the right to ask for visitation. They do not have a guaranteed right to visit and see their grandchildren. If you currently have a visitation court order, you have the right to have that order enforced.
Can grandparents get custody of grandchildren in Indiana?
Indiana, in 1996, was the first state to give grandparents another option to seek custody of their grandchildren: status as a de facto custodian. The law requires the court to make a person a party to a custody proceeding if it finds by clear and convincing evidence that he is the child’s de facto custodian.
How hard is it for grandparents to get custody of grandchildren?
A grandparent must have a very strong case to succeed in taking custody of a grandchild. This is especially true if both parents are still alive. Unless the parents consent to give up their custody rights, a grandparent may need to show that both parents are unfit to have custody of a child.
How do you deem a parent unfit?
Factors that can lead a court to deem a parent unfit include:Instances of abuse or neglect;Willing failure to provide the child with basic necessities or needs;Abandonment of the child or children; or.Exposing the child to emotionally harmful or psychologically damaging situations.
