What are the rights of grandparents in Indiana? Also, if my children's father has been abusive can I get supervised visits?

Asked over 1 year ago - Indianapolis, IN

My in laws are threatening to call Cps on my fiancé n take the kids from us and have said they are also contacting their lawyer about grandparents rights. I wanted to know what exactly those were in this state and if his parents could really take my kids? I'm planning on leaving in August with the kids anyways because of emotional abuse towards me and the kids from my fiancé and his mother both would that help me if Cps is called? Woul I be able to get supervised visits from their father and grandparents both?

Attorney answers (3)

  1. Burton A. Padove

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . This forum is not really designed for your inquiry. Contact a l

    Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836... more
  2. Katherine Elizabeth Flood

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . If your fiance is abusing you and/or the kids, I strongly advise you to file a protective order against him so that he will be court-ordered to stay away from you. If the order is granted and your fiance does not abide by it, you will be able to call the police to place him into custody immediately, no questions asked. This may help you to feel safer.

    As to custody, has paternity been established? If so, your fiance and/or his parents may have certain rights to those kids. You may need to ask the court to modify the custody/parenting time order accordingly.

    If the grandparents call CPS on you two and the kids ARE being abused, then it's possible that those children could be taken away from you by CPS. You need to get out of this dangerous situation, both for the safety of you and the children, and to protect your custody rights with them.

    I'm going to include a link to the Sheriff's Department's list of resources for victims of domestic violence, as well as a link to the Julian Center's website. The Julian Center provides a shelter for battered women and kids, and also provides other resources such as counseling. Do your research, make your calls, and protect yourself and those little ones. Good luck to you - you and the kids deserve to be safe.

    Katherine Flood
    Indianapolis divorce lawyer

    The foregoing is not intended to be specific legal advice, but rather general information. Because of the nature... more
  3. Pamela Sarah Boshears

    Contributor Level 11

    1

    Lawyer agrees

    Answered . If your fiance is abusive to the kids, you need to leave ASAP to protect your kids. Allowing your fiance to continue to hurt your kids for any period of time will not help you.

    In some situations, grandparents in Indiana can get court ordered visitation time. There is a presumption that children should be in the custody of their parents, but if there is evidence that your kids are in danger with their parents it is also possible for a third party like a grandparent to get custody either temporarily or permanently.

    Supervised visitation time is possible if there's evidence of a risk of abuse and the court finds that it is nevertheless in the child's best interests to maintain a relationship with the potential abuser. I would need a lot more information about your case before I could speculate about what a judge would do in this situation.

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