Child visitation rights, in general, refer to a basic set of rights that are often granted to non-custodial parents in divorce and child custody proceedings. Before a non-custodial parent is granted visitation rights, there will typically be an agreement between the parents outside of the courtroom that is incorporated into the child’s visitation schedule.
This visitation schedule is then approved by the court. When determining whether to grant or deny visitation rights to a non-custodial parent, a court will use the child’s best interest standard.
When the court is applying this standard, it will assess several factors, including:
- The age and overall well-being of the child or children;
- Depending on the child’s age, the preference of which parent they prefer to live with;
- The location of the residence of each parent, in addition to their:
- work history;
- salary; and
- employment status;
- Each parent’s daily social and work schedules; or
- The mental health or physical well-being of each of the parents of the child.
The laws that govern child visitation rights typically vary by jurisdiction. In the majority of cases, however, if the child’s parents cooperate with each other, they can reach an agreement regarding visitation themselves.
In those cases, they will simply submit their agreement to the court for approval. Once the court approves the schedule, it will issue an order that the parents are required to abide by the schedule or seek a modification if they need to make any changes.
Visitation Rights of Grandparents in Indiana
As noted above, child visitation is the amount of time that a non-custodial parent is permitted to spend with their child. Certain states also provide grandparents with visitation rights, including Indiana.
The parent that has child custody rights is the parent that resides with the child. This parent is responsible for providing the child’s basic needs, including food, clothing, and shelter, as well as making important life decisions on behalf of the child.
These decisions include issues such as:
- Medical treatment;
- Education; and
- Religious instruction.
Parents who have child custody rights are usually one of the parents of the child. In certain cases, such as when a child’s parents are deceased or divorced, grandparents may obtain custody or visitation rights.
Visitation rights provide grandparents with the right to visit the child under the supervision of a legal guardian.
What Are Grandparent Visitation Rights?
Visitations rights and custody rights are different categories of rights. Visitation rights are more limited than custody rights.
A grandparent who has visitation rights may visit with the child. These visits, however, are typically only permitted under the supervision of the individual who has custody of the child, such as a parent or legal guardian.
Grandparents are not provided with a legal inherent right to visitation. Instead, grandparents have the right to request visitation rights from a family court.
A court will consider several factors when determining whether or not to grant a grandparent’s visitation request, including:
- How far the parents reside from the grandparents;
- The grandparents’ style of life;
- Whether the grandparents engage in drug or alcohol abuse;
- The child’s desire to be visited by the grandparents;
- How attached the child is to their parent or parents;
- How attached the child is to their grandparent(s); and
- Whether the parents have refused to allow the child to see their grandparents;
- A court is more likely to award grandparent visitation rights if a parent has refused to allow the grandparents to see the child without a good reason.
If the court grants the grandparent’s visitation request, the grandparents will be permitted to visit the child. In these cases, a fixed visitation schedule is typically applied.
This schedule outlines which house the visitation will occur at and on what day of the week. The schedule often also addresses where the child will be picked up or dropped off.
Additionally, the schedule may include who the child will be with during special occasions for example, birthdays and holidays. Courts usually prefer that the parents and grandparents come to an agreement on the visitation schedule on their own.
If the parties cannot agree on the visitation schedule, the court may impose one that considers the interests of:
- The parents;
- The grandparents; and
- The child.
Because there are no inherent rights to grandparent visitation, different states will impose different requirements. In some states, grandparents may gain visitation upon showing that it is in the best interests of the child.
Some states are less lenient and make it more difficult for grandparents to obtain visitation rights. In some states, grandparents are only permitted to visit their grandchildren in very limited circumstances, such as if the child’s parents have passed away.
What Indiana Law Will Help Me Obtain Visitation with My Grandchildren?
The law that governs grandparents rights in Indiana is Indiana Code Section 31-17-5-1. This section provides that a grandparent may seek visitation with their grandchildren when:
- The grandchild’s parents divorce;
- The grandchild’s parent dies and the deceased parent was the child of grandparent; or
- The paternity of the grandchild has been established when the child was born out of wedlock.
How Do I Proceed with Getting Visitation with My Grandchildren in Indiana?
If an individual is a grandparent, in order for them to get visitation rights for grandparents, they will be required to petition the court and to follow the same procedures as a parent would in a child visitation case.
What Will the Courts in Indiana Look at When Deciding Grandparent Visitation?
When an individual files a petition for grandparent visitation in Indiana, the court will consider the type of visitation that is in the best interest of the grandchild.
In the majority of cases, a court will not decide how much visitation time should be allowed between a grandparent and their grandchild.
Who Will Decide How Much Visitation I Will Receive?
In most cases, the court will let the child’s parents decide how much visitation the grandparent will receive. The Grandparent Visitation Act assumes the parent or parents make decisions that are in the best interest of the child.
This includes allowing the grandparents and children a reasonable amount of time to spend with each other.
What if I Am Unhappy with the Amount of Visitation Time I Receive?
Grandparents are not likely to prevail in court if they only petition for more time with their grandchild when there is already a set visitation schedule in place that allows them to see their grandchildren.
If, however, a grandparent can demonstrate that more time with their grandchild is in the grandchild’s best interests, they may be able to contest or modify the visitation order.
Should I Talk with an Indiana Attorney about Grandparent Visitation Rights?
If you are a grandparent in Indiana who is looking to enforce your rights to visit your grandchild, it may be helpful to consult with a Indiana child visitation lawyer. Your lawyer can explain the laws of your state and help you file a petition with the court.
In addition, your lawyer will represent you during your court appearances. Having a lawyer on your case will provide you with your best chance for more time with your grandchild.
