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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28331
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My grandson lives with his mom. My son just started seeing

Customer Question

My grandson lives with his mom. My son just started seeing his son after 9 months of dealing with courts but had to do a 8 week phasing in period --supervised, which I don't understand. The mother didn't get a phasing in period for new child why should my son have to do that just because he hasn't had any contact with the child at no fault of his own, but the mothers. Now he is trying to get his visitation rights established thru his lawyer & her lawyer & she wants him to do more phasing in time--supervised. I was able to go visit my grandson with my son on those supervised visits, but my husband wasn't. Want to know what my rights are as a grandparent. Can my husband & myself request to visit my grandson. I live in state of Indiana--Valparaiso area. My grandson lives in Mishawaka with his mom & her parents.
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. Do you know why he was not able to come along for the visit and only you were allowed?
Customer: replied 2 years ago.
Court order says her mother had to supervised & I was only one allowed to come for visit even after I asked her mother it was okay & she contacted her lawyer & they said no--I was only one allowed.
Expert:  FamilyAnswer replied 2 years ago.
Thank you. Yes, it is possible that you and your husband can seek visitation with the child, if the mother is unwilling to allow it, when supervising. It does seem a little odd that she would allow you and not your husband, so you or your son may want to reach out and see if she can share with you the basis for that decision. Moreover, keep in mind that once the time passes and your son has unsupervised visitation with the child, you and your husband could be present. With that being said, 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:The grandchild's parent is dead;The marriage of the grandchild's parents has been dissolved (in other words, they are divorced); orThe 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.
Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!