The grandparent-grandchild relationship is a special one. Grandparents can offer wisdom, guidance, love, and fun, while grandchildren often create a sense of joy and optimism. It is a relationship that is mutually beneficial and rewarding.
Sadly, in many families, this special relationship is hindered. Often, the parents of a grandchild were never married, and this sometimes limits the visitation time of one, or both, sets of grandparents. Even where the parents of a grandchild were once married, however, divorce or other types of marital discord can present a real challenge to the quality visitation time sought by grandparents. What is the law’s view of these situations? Do grandparents have the right to see and spend time with their grandchildren, even when the parents object?
Limited Rights
The law in Indiana, as in many other states, does respect and protect the rights of grandparents to play an active role in the lives of their grandchildren. However, the visitation rights granted to grandparents are limited, and rather narrow. This is because Indiana law also respects the rights of parents to make the decisions that they feel are in the best interests of their own children, even on such matters as restricting or eliminating grandparent visitation time. Indiana law, in most circumstances, will give precedence to the preferences of parents over those of grandparents. Grandparents in Indiana are not totally out of luck, however. Under Indiana Code 31-17-5-1, grandparents are given certain limited rights to seek visitation with their grandchildren. They may petition a court for visitation rights under three circumstances:
- If the child’s parent is deceased.
- If the child’s parents have been divorced (in certain circumstances).
- If the child was born out-of-wedlock (although in this case, paternal grandparents may not seek visitation rights unless paternity has been formally established).
An implication of this is that if the grandchild’s parents are both alive and still married, a grandparent may NOT ask a court for visitation rights. Additionally, if the grandchild was born out of wedlock, grandparents do have the right to seek visitation rights, but for the paternal grandparents of a child, this right only comes into play once paternity has actually been established.
How will the court decide on visitation rights?
In analyzing a grandparent visitation petition, a court will consider many factors. The most important aspect to be considered, as with most issues pertaining to custody and visitation, is the “best interest of the child.” This standard examines several factors (including environment, education, caregiving, etc.), and through them seeks to find a situation that will provide the best circumstances for the child’s safety, growth, and development. Applying the best interest standard is by nature a subjective exercise, and the outcome will largely be driven by the particular set of facts before the court, the judge’s own personal opinion, and the other factors.
Another major factor that a court will look at in analyzing a grandparent visitation request is whether the grandparent has had, or has attempted to have, meaningful contact with the grandchild. As mentioned before, courts are likely to give special weight to the preferences of the parents, even if those preferences include limiting or negating any visitation by the grandparents. Courts do, however, recognize the importance of the grandparent-grandchild relationship, and the potential benefits that could accrue to the grandchild through such a relationship. Therefore, courts will consider whether grandparents have actually made a substantial effort to be involved in a grandchild’s life, and balance that against the parents’ preferences, if they are contrary.
What about great-grandparents?
While Indiana law does grant grandparents the limited right to seek visitation time with their grandchildren, it does not afford the same rights to great-grandparents. Courts, in assessing visitation rights, will follow the relevant Indiana law, which states specifically that “A child’s grandparent may seek visitation rights …” (I.C. 31-17-5-1(a)) (italics added), but makes no mention of great-grandparents. Therefore, great-grandparents are not granted the privilege of seeking visitation rights with their great-grandchildren.
Conclusion
Indiana law does acknowledge the value of the grandparent-grandchild relationship, and works to preserve it in a number of situations. While the visitation rights afforded to grandparents are not very broad, grandparents can, in some circumstances, ask the court to protect the quality time they have with their grandchildren.
NOTE
This article primarily references Indiana law. Please check the laws of your local jurisdiction if you live in another state.
The articles in this blog are for informational purposes only. No attorney-client relationship is established through the publication of these articles.
