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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23976
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My question is..i was granted full and compleat custody of

Customer Question

My question is..i was granted full and compleat custody of my children due to mother abandond the children..her parents have filed a motion to intervean,there lawyer says it's to establish visitation,but after speaking with a few child professionals about the actions the grandparents have done in the past were they tried to keep my children from coming home..and now are facing charges for interfering..and falsifying info..also putting stuff into my children's heads about them living with them and a long list of harassment..i have decided that it's not in the best interest of my daughter's to see them..the oldest 8..expresses fear of the grandfather for previous actions..my question is what grounds do they even have to file for a motion to intervene after I have won full custody of children
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Indiana
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: There has been a guardian of lighten appointed and she agreed with me that it might not be good for them to see the children at all
Submitted: 1 month ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 month ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FamilyAnswer replied 1 month ago.

In Indiana, the court can grant visitation rights to a grandparent if the court determines that visitation would be in the best interests of the grandchild. However, not all grandparents are entitled to ask for grandparent visitation. A grandparent may ask the court for visitation rights with a grandchild ONLY if:

  1. The grandchild's parent is dead;
  2. The marriage of the grandchild's parents has been dissolved (in other words, they are divorced); or
  3. The child was born outside of marriage. (Note, however, that the paternal grandparents of a child born outside of marriage can ask for grandparent visitation ONLY if paternity has been established).

As such, this would ONLY give them standing to try and proceed but they also need to introduce evidence, over your objection, to show it is in the best interest of the children to grant it. If they can not and there are issues that are concerning or troubling for the court, it can be denied, since you, as the parent, have a right to refuse the visitation and make this decision.

Expert:  FamilyAnswer replied 1 month ago.

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