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FamilyAnswer
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Category: Family Law
Satisfied Customers: 27198
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My grandkids were adopted by their stepmother. They have refused

Customer Question

My grandkids were adopted by their stepmother. They have refused to let me have any contact with them. I'm not even allowed to call. My daughter, the kids' mother committed suicide over losing these kids to their father and stepmother. She died a little over a year ago and I have not seen the kids but once, a few days after her death. Since then, the adoptive mother and natural father refuse to let me contact them. Please advise. I'm desperate. Thank you, XXXXX XXXXX [email protected]
Submitted: 5 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 5 years ago.

Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

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).



Thus, if the grandchild's parents are both living and are still married to each other, the grandparent CANNOT ask the court for visitation with the grandchild. Also, if the child was born outside of a marriage and paternity has not been established for the child, the paternal grandparent CANNOT ask the court for visitation with the grandchild.

The court will consider any factors relating to the child, the parent, and the grandparent. Specifically, the court will consider whether the grandparent has had (or has tried to have) meaningful contact with the grandchild. The court will presume that a fit parent's decisions are in the best interests of the child. Thus, the court will give special weight to the parent's wishes and to whether the parent has allowed some visitation with the grandchild.



The court will look first at the relationship between the grandchild and the grandparent, but the court will also look at all of the circumstances, including the relationship between the grandparent and the parent.

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