Daily news stories and life experiences demonstrate to us all that third parties, such as neighbors, friends, and grandparents are helping more and more to raise children. Sometimes disputes like divorce causes such third parties to be removed from a care-giving role that they want to continue and perhaps the children need for security and stability. This blog post explores this topic.
Third parties always have one big legal hurdle to overcome, although many have done so in Indiana and other states. This is a parent’s fundamental ... Read More
15
Oct2015
11
Sep2014
In litigation without a jury, and domestic law specifically, trials can go on for hours, even days. Sometimes, several days of hearings are heard over the course of multiple weeks. In some cases, several days of hearings can be set over the course of several weeks or even months.
Even if a trial is only one day or for an hour or two, a party can request special findings in the matter. Special Findings of Fact, Conclusions of Law, and Judgment and are governed by Trial ... Read More
19
Sep2013
Without a court order a grandparent does not have a right to visitation with their grandchild. In other words, unless allowed by a parent, a grandparent cannot demand certain visitation with a grandchild. There are, however, specific circumstances under which a grandparent has the right to seek visitation.
A recent U.S. Supreme Court decision ruled that just any third-party may not petition for visitation because it unconstitutionally infringes upon the rights of parents1. The ... Read More
22
Aug2013
Extended family, such as grandparents, can play a big role in a child’s life when his or her parents are getting divorced. The love and support of family is important, especially when a child is dealing with the life changes that come when his or her parents separate. Often, one parent will move back in with his or her parents (the grandparents) while a divorce is pending, until the financial matters are settled and ... Read More
19
Mar2013
Traditionally, Grandparents had no special common law right to visitation with their grandchildren. However, in the past few decades, many states have enacted legislation which allows grandparents to seek a court order for visitation with their grandchildren. The Indiana legislature enacted Indiana Code § 31-17-5 allowing for grandparents to seek visitation, in certain limited circumstances, including if one of ... Read More
07
Aug2012
Within divorce and custody proceedings, often neither parent feels that they have received enough parenting time with the child. Under the Indiana Parenting Time Guidelines, generally, for a non-custodial parent (one without primary physical custody) of a school-age child who lives in close proximity to the custodial parent receives weekly parenting time, at a minimum, of one evening per week and every other weekend1.
The situation becomes more complicated when a grandparent seeks time with the child. This situation occurs ... Read More