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Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.
IC 31-17-5-3Petition 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.
Normally, the grandparent would have to file a specific petition for visitation. However, your situation is slightly different in that the grandparent already has custody and it is you who are seeking to take custody. Because you have already placed the custody issue squarely before the court, the grandparent will be able to ask the court for visitation in lieu of full custody---and they will not be forced to file a separate action.
Now if the court action was not over custody of the child---but was one perhaps for an unpaid debt between you and the grandparent, they would not be allowed to use that to shoe horn in a request for visitation. But where custody is the primary consideration of the court to begin with--visitation, which is a form of custody, will be allowed to be interjected into the equation.
All of my suggestions as regards XXXXX XXXXX well as future modification of any visitation arrangement is still valid under Indiana law.
I wish you well.
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