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My husband and I have legal guardianship of my grandson who

is now 14. My daughter...
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.
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Answered in 3 minutes by:
10/10/2013
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
Ely
Ely, Counselor at Law
Category: Family Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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