Grandparent Visitation

Obtaining grandparent visitation can be challenging, but recently there have been some changes in Indiana case law to help grandparents obtain visitation with their grandchildren. Under the former language of the Grandparent Visitation Act (the “GVA”), a person whose child is the custodial parent of the grandchildren did not have the right to seek visitation under the GVA. This limitation was created by specific language in the prior version of the GVA. While that version of the law was in effect, grandparents whose child did not have custody of the grandchildren could seek an order for visitation, but the grandparents on the other side of the family could not.

In 1993, the Indiana legislature removed the explicit restriction on parents of the custodial parent. However, Indiana courts applied the revised law inconsistently, resulting in some grandparents being permitted to seek visitation if they were the parent of the custodial parents, while other grandparents in the same situation were prohibited from seeking grandparent visitation.

Under the current statute, a child’s grandparents may seek visitation if the child’s parents were divorced in Indiana, if a parent of the child is deceased, or, with certain exceptions, if the child was born to unmarried parents. In the past year, the Indiana Court of Appeals has confirmed that the parents of a custodial parent may seek visitation of their grandchild when the parents are divorced.

Even under the newer language and revised position of the court system, grandparent visitation is not guaranteed. A court also has to agree that awarding grandparent visitation is in the child’s best interest. If you are interested in pursuing court assistance to get visitation with your grandchildren, or if you are a parent who is concerned that a pending request for grandparent visitation is not in your child’s best interest, reach out to one of our attorneys at McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.