Findlaw indicates that numerous states embrace grandparent visitation since it helps in the development of an emotional connection in a child. The same states welcome grandparents as the child’s custodian if the parents do not provide proper care to their child. They also have a right to fight for the custody of the child. However, the laws in Indiana are not that favorable to grandparents. Visitation is limited since the state respects the rights of parents to make decisions that affect their children.
The law allows grandparents to seek visitation rights only if one of the parents dies, the parents end their marriage, or a child is born out of wedlock. When the child is born out of wedlock, the grandparents need first to establish paternity before they may file a petition. Grandparents need to also prove that the visitation they seek is in consideration to the best interests of the child.
In certain situations, a parent may be unable to provide a child with proper care. The grandparents may take the role of the child’s caregiver in such a case. Moreover, they may file for custody of a child if the law considers them to be “de facto custodians”, meaning that they have provided care to the child for a significant time. They have to present enough evidence to court where the judge will identify that staying with the child is in the best interest of the child before granting custody.
If the parents of the children also agree to give custody to the grandparents, the state will respect the decision. According to Liveabout, grandparents may lose any legal rights to the child when the child is adopted. The relationship may only be maintained if the adoption is by a biological relative or stepparent.