Now Hiring Experienced Attorneys

Call Now

Call Now

Call Now

Blog

Who Can Request Child Visitation?: Parties with Potential Legal Access to Children

Who Can Request Child VisitationOften, during divorce or paternity matters, physical custody (who the child lives with) is either divided jointly or one parent is granted custody and the other parent is granted parenting time1. But what about parties who are not parents? Can they get visitation with the child?

There are three main categories of parties who can petition the Court for visitation: parents, stepparents, and grandparents2. However, just because one of these persons wishes to have visitation, there are still hurdles to overcome. For example, Grandparent Visitation is governed in Indiana by statute3 and a Grandparent seeking visitation with a child must show the Court that “(1) the presumption that a fit parent acts in his child's best interests, (2) the special weight that must be given to a fit parent's decision to deny or limit visitation, (3) whether the grandparent has established that visitation is in the child's best interests, and (4) whether the parent has denied visitation or has simply limited visitation.”4

Recently, a Court of Appeals Decision noted that a same sex partner of a biological Mother who helped raise the child while the parties were together had standing to request visitation, as well5. This area of law continues to grow and become more developed as different states begin to define marriage and family differently.

Step-parents and parents along with grandparents and same-sex partners must generally show that visitation is in the best interests of the child. This is a universal standard in family law in Indiana. However, the fundamental right of parents to raise their child6 is considered and balanced against requests for visitation and is often a major factor in determining visitation.

We hope that this blog post has been helpful in generally exploring the categories of persons who may seek visitation in family law matters. It is not intended as legal advice. Ciyou & Dixon, P.C. practices throughout the state of Indiana. This post was written by attorney, Jessica Keyes.


  1. See generally, Ind. Code 31-17-2-8, Ind. Code 31-17-4-1, Ind. Code 31-14-13-2 , Ind. Code 31-14-14-1
  2. See Kitchen v. Kitchen, 953 N.E.2d 646 (Ind.Ct.App.2011)
  3. See Ind. Code 31-17-5-et al.
  4. See K.I. ex rel.J.I. v. J.H., 903 N.E.2d 453, 462 (Ind.2009).
  5. See [1] A.C. v. N.J., __ N.E.2d __ (Ind.Ct.App.2013)
  6. See Troxel v. Granville, 530 U.S. 57 (2000).
Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on pinterest
Pinterest
Share on email
Email

We Listen & Care

Proven & experienced attorneys successfully advocating & resolving complex cases for over 25 years

Quick Contact

Need to talk now? Fill out the quick form below and we will contact you directly.
Blog Categories

Get In Touch

We're available to answer your questions 24/7.

Related Videos

Contact Us

Please fill out the form below and we will be in touch with you shortly.

Ciyou & Dixon, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

Copyright © 2021 Ciyou & Dixon, P.C., Attorneys at Law. All rights reserved. This Site does not provide legal advice; please review the disclaimer for other limitations. Privacy Policy

Based in Indianapolis and founded in 1995, Ciyou & Dixon, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Ciyou & Dixon will guide you every step of the way. The family law attorneys at Ciyou & Dixon, P.C. will help you precisely identify your objectives and the means to reach your desired result. In addition, this practice focus is augmented by the firm's other three core areas, namely appellate advocacy, civil practice, and firearms law. Life is uncertain. Be certain of your counselSM.

Indianapolis Divorce Attorneys, Ciyou & Dixon, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.