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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband and I have legal guardianship of my grandson who

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My husband and I have legal guardianship of my grandson who is now 14. My daughter, the mother just went to court to establish paternity with the father. Testing proved he is indeed the father which everyone knew in the first place. I provided the court with my guardianship papers and stated that my husband and I will not seek child support from the father as long as we remain the legal guardians of the child. The father has never been involved nor has he ever given one dime to help support this child or attempted to see him throughout the years. Now, all of a sudden he wants visitation rights. Our grandson has no desire to be acquainted with him or have him be a part of his life. We live in Indiana and are concerned that we will have to hire an attorney for the visitation issue. Being 14, would the judge listen to what the child has to say? I would appreciate your thoughts.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your family's situation.

Being 14, would the judge listen to what the child has to say?

The answer is yes, although the Court may still grant visitation until the child is 18. Even if a parent does not get managing custody, they are almost guaranteed visitation unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even visitation, although supervised visitation may be granted by the Court.

There is even a Supreme Court decision where a Judge states that a child has to be dragged to the car "kicking and screaming" for visitation.

In short, barring potential of abuse/neglect, the father may still get visitation, I am afraid.

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