My mother wants grandparents visitations

Ink - posted on 06/10/2011

Information Maintained by the Office of Code Revision Indiana Legislative Services Agency



IC 31-17-5

Chapter 5. Grandparent's Visitation



IC 31-17-5-1

Right to seek visitation

Sec. 1. (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.

(b) A court may not grant visitation rights to a paternal grandparent of a child who is born out of wedlock under subsection (a)(3) if the child's father has not established paternity in relation to the child.

As added by P.L.1-1997, SEC.9.





IC 31-17-5-2

Best interest of the child; in chambers interview of the child

Sec. 2. (a) The court may grant visitation rights if the court determines that visitation rights are in the best interests of the child.

(b) In determining the best interests of the child under this section, the court may consider whether a grandparent has had or has attempted to have meaningful contact with the child.

(c) The court may interview the child in chambers to assist the court in determining the child's perception of whether visitation by a grandparent is in the best interests of the child.

(d) The court may permit counsel to be present at the interview. If counsel is present:

(1) a record may be made of the interview; and

(2) the interview may be made part of the record for purposes of appeal.

As added by P.L.1-1997, SEC.9. Amended by P.L.15-2004, SEC.3.





IC 31-17-5-3

Petition

Sec. 3. A proceeding for grandparent's visitation must be commenced by the filing of a petition entitled, "In Re the visitation of _________". The petition must:

(1) be filed by a grandparent entitled to receive visitation rights under this chapter;

(2) be verified; and

(3) set forth the following:

(A) The names and relationship of:

(i) the petitioning grandparent or grandparents;

(ii) each child with whom visitation is sought; and

(iii) the custodial parent or guardian of each child.

(B) The present address of each person named in clause (A).

(C) The date of birth of each child with whom visitation is sought.

(D) The status under section 1 of this chapter upon which



the grandparent seeks visitation.

(E) The relief sought.

As added by P.L.1-1997, SEC.9.





IC 31-17-5-4

Venue

Sec. 4. A grandparent seeking visitation rights shall file a petition requesting reasonable visitation rights:

(1) in a circuit, superior or probate court of the county in which the child resides in a case described in section 1(a)(1), 1(a)(3), or 10 of this chapter; or

(2) in the court having jurisdiction over the dissolution of the parents' marriage in a case described in section 1(a)(2) of this chapter.

As added by P.L.1-1997, SEC.9. Amended by P.L.50-2006, SEC.8.





IC 31-17-5-5

Service of petition and summons

Sec. 5. Whenever a petition is filed, a copy of the petition, together with a copy of a summons, shall be served upon the custodial and noncustodial parent or guardian of each child with whom visitation is sought in the same manner as service of summons in civil actions generally.

As added by P.L.1-1997, SEC.9.





IC 31-17-5-6

Decree

Sec. 6. Upon hearing evidence in support of and opposition to a petition filed under this chapter, the court shall enter a decree setting forth the court's findings and conclusions.

As added by P.L.1-1997, SEC.9.





IC 31-17-5-7

Modification of order

Sec. 7. The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child.

As added by P.L.1-1997, SEC.9.





IC 31-17-5-8

Paternity proceedings; effect on visitation rights

Sec. 8. (a) This section applies to a child born out of wedlock.

(b) Visitation rights provided for in section 1 or 10 of this chapter survive the establishment of paternity of a child by a court proceeding other than an adoption proceeding.

As added by P.L.1-1997, SEC.9.





IC 31-17-5-9

Adoption; effect on visitation rights

Sec. 9. Visitation rights provided for in section 1 or 10 of this



chapter survive the adoption of the child by any of the following:

(1) A stepparent.

(2) A person who is biologically related to the child as:

(A) a grandparent;

(B) a sibling;

(C) an aunt;

(D) an uncle;

(E) a niece; or

(F) a nephew.

As added by P.L.1-1997, SEC.9.





IC 31-17-5-10

Marriage of child's parents dissolved in another state; right to seek visitation

Sec. 10. If the marriage of the child's parents has been dissolved in another state, the child's maternal or paternal grandparent may seek visitation rights if:

(1) the custody decree entered in the action for dissolution of marriage does not bind the grandparent under IC 31-21-3-1 (or IC 31-17-3-12 before its repeal); and

(2) an Indiana court would have jurisdiction under IC 31-21-5-1 (or IC 31-17-3-3 before its repeal), IC 31-21-5-2, or IC 31-21-5-3 (or IC 31-17-3-14 before its repeal) to grant visitation rights to the grandparent in a modification decree.

As added by P.L.1-1997, SEC.9. Amended by P.L.138-2007, SEC.35.





Source: http://www.in.gov/legislative/ic/code/ti...

Koree - posted on 06/10/2011

In Utah there are no grandparents rights. She needs to respect your wishes and understand that your son can't come over when ever she wants him to.Hold firm to what you want, after all he is your son, and if she can't see that she stands to lose seeing her grandson because she is not getting her way, then that is sad.
Hopefully one day regardless of what happens about taking you to court, you guys can work things out so that she can be more involved with your son. I hope everything works out and you guy's can move past this.

Nicola - posted on 06/10/2011

In the UK, a grandparent can go to court for visitation. And if you can't agree, it will be up to the court to decide how much the grandparent see's that child, which will be based on the child's plans during the week. For me personally, it shouldnt have to come to taking someone to court for visitation. You should be able to sit down like adults and sort it out and she has to realise that she cant see her grandchild whenever she clicks her fingers. Try and arrange a meeting with her and try and sort it out like adults and if that doesnt work and she does take you to court then stand your ground, be positive and always think of your childs well-being.

Alisha - posted on 06/10/2011

In Indiana where Im from some grandparents do have the right to visitations. But from what I read it has to be under certain conditions like my sons fathers granparents would have rights to visitations because we arent' married but my mother doesn't even though she thinks she does. She is just mad cause Im not giving in to her wishes Im thinking of my son. Im not goin to let him be in the middle of some war between us. Its not fair.

Hayley - posted on 06/10/2011

can grandparents even do that? I'm pretty sure where I'm from they have absolutely no rights whatsoever

Louise - posted on 06/09/2011

Stand up for yourself. if you are positive that she has no rights where you live then let her hire a lawyer and waste her money. If you and your mother do not get on your son is better off away from her because if she does not listen to you about your sons diet which is important it wont be long before she is bad mouthing you in front your kid. Let her do her worst, she has had her chance and blown it.

If you want your son to have access to your mum than that is different, but you need to mend your relationship first and she has to do as you ask with regards your son.