Grandparents play an important role in many of our lives. Fortunately, the Indiana Legislature has recognized this importance and passed what is known as the Grandparent Visitation Act. The Grandparent Visitation Act gives grandparents the right to seek visitation, albeit, in limited and defined circumstances. Whether or not you can seek visitation of your grandchildren will depend on the specific facts of the case. In this blog, we provide a brief overview of the Grandparent Visitation Act and the circumstances that may give you the right to seek visitation. One important thing to point out is that historically speaking, grandparents had ...
Tag: grandparent visitation
December 30, 2019CD
Most divorcing couples and divorced parties (and parties to paternity cases) know that if they move (or “relocate” in legal parlance) during or after a divorce/paternity, they must file a Notice of Intent to Relocate. For a long period, most of Indiana followed Marion County’s rule on relocation, which meant a party could move 100 miles without taking any legal action. However, in recent years that changed when the Legislature passed a new relocation statute.1 This statute required a moving parent to file a Notice before the move, and, if objected to, show the move was made in good faith ...
August 12, 2019CD
It’s important for the attorneys at Ciyou & Dixon, P.C., as family law practitioners, to stay updated on Indiana laws to best serve our clients. Part of our ongoing effort to provide effective and efficient legal counsel to meet our clients’ goals includes learning about legislation that impacts the types of cases in which we are often involved. In this blog post, we discuss several changes that will become effective in 2019 that may impact issues in family law (divorce, paternity, child support modification, guardianship, adoption, etc.) that an individual may find themselves facing if you are involved in one ...
May 15, 2019CD
The family dynamic is something that is always changing, and there is certainly no “standard” or “normal” family. Many may picture a mom, a dad, and a couple of children when thinking of what was called a “nuclear family.” However, the truth is, families, often, do not resemble a nuclear family. Families may consist of same-sex couples, single parents, step-parents, half-siblings, adopted children, aunts, uncles, third-party custodians, or a myriad of other possibilities. On this note, it has become increasingly common for grandparents to play an active role in raising a child while the child’s parents are at work or ...
March 28, 2019CD
Going through a divorce or raising a child who was born outside of a marriage comes with unique challenges for custodial and non-custodial parents alike. Despite these challenges, such parents are not immune to other changes and challenges that life may throw their way. After a divorce or after having a child outside of marriage, a parent may obtain a new career opportunity, engage in a new relationship, desire to move closer to their hometown or their family, or have to move closer to provide care to an ailing family member. Whatever the reason, moving when you are in a ...
March 26, 2019CD
Today, millions of children are being raised by grandparents, friends, neighbors, and sometimes, total strangers. This trend is growing each year. In this situation, these individuals acting as “parents” have no legal rights to the children they are raising, despite the fact they are providing for all aspects of their physical and emotional well-being. Practically speaking, this reality can create a multitude of problems for the caretakers, from enrolling the children in school to obtaining health care. All the while, the children are bonding with this caregiver like a biological parent. However, sometimes a parent just shows up years later ...
June 18, 2018CD
Raising Someone Else’s Children A word that has almost vanished from common conversations is the term “nuclear” family. This conjured up the notion of a mother, father, two children (a boy and a girl), family dog, and the proverbial white fence. Now children are routinely shared between same-sex parents, divorced parents or have a single parent. However, there are tens of thousands of children being raised by neighbors, other family members, or a trusted friend of parents. Sometimes the children are abandoned, not supported or contacted by the parent or parents again. This creates problems with school enrollment to medical care. The ...
December 1, 2017CD
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 Court specifically stated that “fit parents” are presumed to act in their children’s best interests and the state should not “inject itself into the private realm of ...
September 19, 2013CD
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 the child’s parents is deceased, the parents are divorced, or the child was born out of wedlock, also known as the Grandparent Visitation Act (GVA).1 Following the enactment of the GVA, and other similar statutes in other states, there was some confusion ...
March 19, 2013CD
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 most often when a non-custodial parent does not exercise parenting time, or is unable to do so for various reasons, and ...
August 7, 2012CD