Grandparent Visitation Rights in Indiana: A Legal Guide
Grandparents play a vital role in a child’s life, but when family dynamics change due to divorce, parental death, or custody disputes, maintaining that relationship can become legally complicated. Indiana law does not automatically grant grandparents visitation rights, but under certain conditions, they may petition the court for access to their grandchildren.
As an Indiana family law attorney, I’ve helped many families navigate these cases, ensuring that grandparents who have meaningful relationships with their grandchildren have a fair chance to maintain them. Below, we’ll explore the eligibility requirements, legal process, and factors courts consider when deciding grandparent visitation cases in Indiana.
Who Can Petition for Grandparent Visitation in Indiana?
Indiana law restricts grandparent visitation rights to specific situations. Grandparents may petition for visitation only under the following circumstances:
🔹 The child’s parent is deceased – If a parent has passed away, the deceased parent's parents (the grandparents) may request court-ordered visitation.
🔹 The child’s parents are divorced – If the child’s parents are no longer married, grandparents can seek visitation rights, especially if their access has been restricted post-divorce.
🔹 The child was born out of wedlock – If the child’s parents were never married, paternal grandparents must establish paternity before seeking visitation rights.
⚠ Important: Grandparents cannot seek visitation if the child’s parents are married and jointly decide to deny visitation. The law presumes that fit parents have the right to decide who has access to their child.
How to File for Grandparent Visitation in Indiana
If you meet the eligibility criteria, the next step is filing a petition for grandparent visitation in the appropriate court. This process follows Indiana Code § 31-17-5-1, which outlines the legal steps required.
Steps to File for Grandparent Visitation
1️⃣ File a Petition – Submit a formal request to the county court where the child resides or where an existing custody case is filed.
2️⃣ Provide Evidence of a Strong Relationship – Courts require proof that you have an established bond with your grandchild and that visitation is in their best interest.
3️⃣ Notify the Child’s Parents – The court requires parents to be notified of the petition and given the opportunity to respond.
4️⃣ Attend a Court Hearing – A judge will evaluate your petition, review evidence, and hear arguments from both sides before making a ruling.
What Does the Court Consider When Granting Grandparent Visitation?
Courts prioritize the child’s best interests when deciding on grandparent visitation. They consider:
✔ The Child’s Relationship with the Grandparent – Have you been actively involved in the child's life through regular contact, school events, or caregiving?
✔ The Wishes of the Child (If Age-Appropriate) – Older children may have their opinions taken into account.
✔ The Parent-Grandparent Relationship – If there is conflict between the parents and grandparents, the court will assess its impact on the child.
✔ Any Harm Caused by Denying Visitation – If cutting off contact with the grandparent would harm the child emotionally or psychologically, the court may intervene.
In some cases, the court may appoint a guardian ad litem to assess the situation and provide a neutral recommendation.
Grandparent Visitation vs. Custody Rights
Grandparent visitation is different from custody. If a grandparent believes the child is in danger due to neglect, abuse, or an unsafe living environment, they may pursue custody instead of visitation.
Can a Grandparent Get Custody of a Grandchild?
A grandparent may be awarded custody if they can prove:
➡ The child’s parents are unfit due to substance abuse, criminal activity, or neglect.
➡ The grandparent has acted as the child’s primary caregiver (this is known as a de facto custodian case).
➡ It is in the child’s best interest to remain in the grandparent’s care.
Custody cases are more complex than visitation requests and require substantial legal proof. If you are considering seeking custody, consult an Indiana family law attorney immediately.
How Often Can Grandparents Get Court-Ordered Visitation?
Unlike parenting time agreements, grandparent visitation schedules are typically less frequent. Common court-ordered visitation includes:
📅 One weekend per month or a few days per school break.
🎉 Holidays or special occasions may be included.
📞 Virtual or phone contact may be ordered if in-person visits are impractical.
Each case is different, and the court may modify schedules based on the child’s needs and family dynamics.
What If the Parent Denies Court-Ordered Visitation?
If a parent refuses to comply with a court-ordered visitation schedule, grandparents can return to court to enforce the order. Possible legal actions include:
🚨 Filing a contempt motion – The court may penalize the parent for not following the order.
⚖ Requesting a modification – If circumstances change, grandparents can seek increased visitation or adjustments to the schedule.
💡 Tip: Always keep records of missed visits or denied contact as evidence in case legal enforcement is needed.
Get Legal Help with Grandparent Visitation in Indiana
If you’re a grandparent struggling to maintain a relationship with your grandchild, you don’t have to navigate the legal system alone. Courts make case-by-case decisions, and having an experienced attorney can improve your chances of success.
📞 Call Vining Legal at (317) 759-3225 or
🔗 Schedule a Free Consultation
Protect your relationship with your grandchild—let’s discuss your legal options today.