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Could you explain to me the rights of Grandparents in Indiana? How much visitation could I receive if I filed for it?

Hanover, IN |

I have been a primary care provider for my 11 month old grandchild from the age of 8 weeks old. Her parents recently separated, his mother picked her up one day & since gives me a very hard time about seeing her. I respect her mother and stay out of the conflict but whenever my son makes her mad, she denies me visitation with her. She has no stable home for her and at times has left her with me for days without even calling to check on her. I have had to take her to the dr. when she was ill because her parents seem to have "better things to do" I feel like I have to jump through hoops to see her & in the end she says no a lot of times just to spite. I worry about my grandchild. I want her to have a good relationship with her mom but I also want to be apart of her life& know she is cared fo

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Attorney answers 1


There really aren't "grandparent rights." There is a very limited situation in which the parents of a deceased parent can obtain a visitation order. That doesn't seem to apply here.

Indiana's rules on this issue, along with other states, stem from a US Supreme Court decision which upheld the fundamental interest a parent has in parenting their children.

Only if the mother and father were unfit would you have a cause of action in which you could attempt to obtain a guardianship. But proving unfitness is very difficult. You would have to consult with an attorney to determine whether the family's living conditions are bad enough to meet this burden.

Avoid the temptation to involve child services. Only call DCS if you believe your grandchild is immediate danger of serious harm.

This answer is for informational purposes only, and it not intended to create an attorney-client relationship. I've had only the limited amount of information provided in the question from which to form an answer. Your best course of action is to set up a formal consultation with a qualified attorney in your area.

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