Fort Wayne Grandparents' Rights Attorney - Fred Wehrwein, P.C.
Grandparents often hold a special place in their grandchildren’s lives, forming close bonds and offering emotional and practical support. Indiana law acknowledges the importance of these relationships and, under certain conditions, allows grandparents to seek visitation or custody rights. However, pursuing these rights can be complex, as the court will determine whether it is in the child’s best interest. Consulting an experienced family law attorney can help guide you through this process if your family is facing a grandparents’ rights issue.
When Can Grandparents Seek Visitation in Indiana?
In Indiana, grandparents can seek visitation rights under specific circumstances, including:
- The death of the child’s parent
- Divorce of the child’s parents
- The child being born outside of marriage: For paternal grandparents, this only applies if paternity has been legally established.
It’s important to note that paternal grandparents must first prove paternity before they can seek visitation rights in cases involving children born outside of marriage. Without this, paternal grandparents may not be eligible for visitation.
Factors That Determine the Best Interests of the Child in Grandparents' Rights Cases
When deciding whether to grant visitation rights to grandparents, Indiana courts focus on what is in the child’s best interests. This typically includes considering:
- The grandparent’s role in the child’s life: Has the grandparent been actively involved, or attempted to be involved, in the child’s upbringing?
- The parent’s wishes: Courts generally assume that a fit parent is best positioned to make decisions in their child’s best interest. Therefore, the court often gives weight to the parent’s preferences regarding grandparent visitation.
- The relationship between the parent and grandparent: The court may also consider the quality of the relationship between the grandparent and the child’s parent, particularly if the parents object to visitation.
Can Indiana Grandparents Be Granted Custody of a Grandchild?
In certain cases, a grandparent or another third party may seek custody of a child. Indiana law allows grandparents to obtain custody if they can prove they have acted as the child’s “de facto custodian.” This means that the grandparent has provided substantial and consistent care for the child over a significant period of time.
However, like visitation rights, obtaining custody as a third party is only possible in limited situations. The court will also heavily weigh the wishes of the child’s parents when making its decision. This can make it challenging for grandparents to gain custody, but working with a knowledgeable attorney can improve your chances of success.
Why Work with Fred Wehrwein, P.C.?
At Fred Wehrwein, P.C., we understand the importance of the bond between grandparents and grandchildren, especially when the child is experiencing major changes in their life. We also recognize how emotionally difficult these cases can be, which is why we offer compassionate, knowledgeable representation. We have extensive experience helping families in Fort Wayne navigate complex family law issues, including grandparents’ rights cases.
If you are facing a legal issue related to your rights as a grandparent, contact Fred Wehrwein, P.C. today to learn how we can help you protect and maintain your relationship with your grandchild.