Do grandparents have visitation rights?

On Behalf of | Jun 7, 2019 | Children And Divorce/Child Custody, Family Law And Divorce

When a marriage dissolves, it does not only impact the mother and father but the family of the two. Grandparents serve as a vital component to the family unit. When your son or daughter divorces his or her spouse, you may wonder what this means for your relationship with your grandchildren. This is particularly worrisome for parents of the noncustodial parent. Can you file for visitation rights? What are your rights?

Fortunately, for grandparents, there are options. The Indiana Government states that a grandparent may file a petition to seek visitation rights with his or her grandchild. Once he or she files the petition, the court takes the petition and determines whether to grant the grandparent visitation. Factors that decide visitation rights include:

  • Whether visitation serves the child’s best interests
  • Whether the grandparent made attempts at meaningful contact

In most family court cases, the best interest of the child comes first and foremost. A case involving grandparent visitation is no different. If determined best for the minor, grandparents may receive visitation rights.

The grandparent role has an important place amongst the family. In some cases, there may be a DCS Child and Family Team Meeting process. This process includes members of the family banding together to strengthen the family and to concoct a care plan for the child. As a grandparent, when your children are the primary caregivers, you can take on a caregiver role amongst the family. Grandparents do have rights to visit their grandchildren.

This information serves its purpose as educational material on grandparents’ visitation rights. By no means should you interpret it as legal advice.