Grandparents often play a critical role in a child’s life, providing love, support, and stability. However, when family dynamics shift due to divorce, a parent’s death, or other difficult circumstances, these vital relationships can be strained or even severed. If you are a grandparent in this situation, you may be wondering what your legal options are.
In Indiana, the law recognizes the importance of these bonds, and in certain situations, provides a legal path for grandparents to seek visitation or even custody. However, the legal standards are strict, and navigating them requires the help of a dedicated family law attorney. At Ziemer Law, our team of experienced family lawyers understands the intricacies of grandparent rights in Indiana and is committed to advocating for your relationship with your grandchild.
When Can Grandparents Seek Visitation Rights?
Indiana law gives a grandparent the legal standing to petition for visitation in limited circumstances. Unlike parents, who have a fundamental right to be involved in their child’s life, grandparents must prove that a specific legal event has occurred that justifies court intervention.
In Indiana, a grandparent may petition for visitation rights if one of the following is true:
- The child’s parents are divorced. This is one of the most common scenarios. If the parents’ marriage has been dissolved in Indiana, a grandparent can ask the court for visitation rights, especially if their access has been restricted since the divorce.
- A parent of the child is deceased. If one of the child’s parents has passed away, the parents of the deceased parent (the grandparents) can petition for visitation.
- The child was born out of wedlock. In these cases, the law allows a grandparent to petition for visitation. If the petition is from a paternal grandparent, however, paternity must first be legally established.
In all of these situations, the court will only grant visitation if it is determined to be in the “best interests of the child.” This is a high legal bar, and the court will give significant weight to the wishes of a fit parent. An attorney experienced in family law in Evansville, Indiana will help you build a strong case by providing evidence of your pre-existing relationship with the child and demonstrating the benefits of maintaining that bond.
Seeking Custody: A Higher Legal Standard
While visitation is a more common pursuit, there are situations where a grandparent may believe that the child’s well-being is at risk, and that custody is necessary. This is a much more difficult and complex legal battle, as the court operates under the presumption that a biological parent has a superior right to custody.
A grandparent seeking custody must present “clear and convincing evidence” that the parent is unfit or that extraordinary circumstances exist that would make it in the child’s best interest to live with the grandparent. This might include instances of:
- Parental neglect or abuse.
- Substance abuse issues by the parent.
- Abandonment of the child.
- The parent’s inability to provide a safe and stable home.
Why You Need a Family Law Advocate
Whether you’re fighting for visitation or custody, navigating grandparent rights in Indiana is a challenging and emotional process. It requires a deep understanding of state law, court procedures, and the ability to present a compelling case to a judge. An experienced attorney in family law can make all the difference by:
- Evaluating Your Case: We’ll assess your unique situation and determine if you meet the legal criteria to seek visitation or custody.
- Gathering Evidence: We will help you compile all necessary documentation, including records of your relationship with the child, and help you prepare for court.
- Providing Strategic Representation: Our lawyers in Evansville and other areas like attorneys in Boonville, Indiana, will skillfully represent your interests in court, fighting to protect your rights and the welfare of your grandchild.
If you are a grandparent who has been unfairly cut out of your grandchild’s life, you don’t have to face this challenge alone. Contact Ziemer Law today to learn how we can help you advocate for the relationships that matter most.
