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Indiana Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted if either the child’s parent is deceased, the parents’marriage has been dissolved in Indiana, or if the child was born out of wedlock. (For the paternal grandparents of a child born out of wedlock to obtain visitation, the child’s father must have legally established paternity.) If the marriage of the parents was dissolved somewhere other than Indiana, the grandparents may seek visitation if the custody decree does not bind the grandparent under I.C. 31-1-11.6-12 and if an Indiana court has jurisdiction under I.C. 31-1-11.6-14. Title 31, Article 1, Chapter 11.7, Section 1 (A.I.C. 31-1-11.7-1 et seq.).

When Adoption Occurs: Visitation rights terminate unless the adoption is by the child’s stepparent or by a person who is biologically related to the child as a grandparent, sibling, aunt, uncle, niece, or nephew.

Child Custody Statutes: Best interest of child considering: (1) age and sex of child; (2) wishes of parents and child; (3) interaction and interrelationship between the child and parents, siblings and other significant persons; (4) child’s adjustment to home, school and community; and (5) mental and physical health of all persons involved. A.I.C. 31-1-11 et seq.

Parents May Choose: Yes


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