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.
Montana USLegal Guide to Grandparent Visitation
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US-GDE-04
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Sibling visitation. Provides that a child's adult sibling may file a petition seeking visitation rights with the child in certain circumstances. Establishes factors for the court to consider in determining whether granting sibling visitation rights to an adult sibling is in the best interests of the child.
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.
Although all 50 states have grandparents' rights in place, around 20 states have what are called restrictive visitation statutes. These states, like Alabama and Georgia, only allow a grandparent to petition the court for visitation rights if the child's parents are getting divorced or if one or both parents pass away.
Some states are permissive because they do not have any firm laws on the subject of grandparent visitation. States including Hawaii, Tennessee, Washington, and California don't have firm laws because the state Supreme Court as well as the federal court system declared their prior statutes unconstitutional.
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.
You must file a "petition," (formal written request) with the court in the county where your grandchild lives. In your petition, you will describe your proposed schedule for court-ordered time.
Grandparents may file a petition in the county court where the child lives or in the court making custody and visitation orders regarding their grandchild.
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).