Almost all states currently have some type of "grandparent visitation" statute through which grandparents and sometimes others, such as foster parents and stepparents, can ask a court to grant them the legal right to maintain their relationships with children. This guide provides on overview of state laws on grandparents' visitation law. A summary of laws in individual states is included.
Indiana USLegal Guide to Grandparent Visitation
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Multi-State
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US-GDE-04
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How to fill out USLegal Guide To Grandparent Visitation?
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Expect to pay between $130 and $200 when you file. Your county may have additional costs, including fees for motions (e.g., a request for temporary orders), notary services and making copies. If you can't afford this, you may be eligible for a fee waiver. Submit the request along with your other paperwork.
If the grandchild's custodial parent dies or cannot safely care for the child and the other parent does not have custody, the grandparent can file a petition with the court for emergency temporary custody.
Code § 31-17-5-1. Section 31-17-5-1 - Right to seek visitation (a) A child's grandparent may seek visitation rights if: (1) the child's parent is deceased; (2) the marriage of the child's parents has been dissolved in Indiana; or (3) subject to subsection (b), the child was born out of wedlock.
The grandparent would file their petition for grandparent visitation in a circuit, superior, or probate court of the county in which the child resides. IC 31-17-5-4(1).
Emergency custody happens when a child is not safe in their home and is therefore removed from the home. The child is placed in protective emergency custody awaiting an initial hearing within 48 hours, excluding Saturdays, Sundays and certain legal holidays.
Grandparents don't have the legal right to step in and control parenting or demand to see their grandchildren. A grandparent might have a right to visitation if: Their grandchild's parents were never married (the grandchild was born out of wedlock); Their grandchild's parents' marriage has been dissolved in Indiana; or.
All states have currently enacted some form of "grandparent visitation" statute, giving grandparents the right obtain a court order to see and interact with their grandchildren. Visitation orders specify the date, time, and circumstances under which visitation must occur.
Either party may, during the 60 day waiting period, file a motion with the the court for temporary orders regarding spousal maintenance, child custody, support, or division of property. Any motion for temporary custody will be set for hearing and a determination made no later than 21 days after the motion is filed.
