Full question:
I filed a petition for visitation with my grandchildren over a year ago, and was devastated when I received a letter from the Judge which simply stated his decision "Denied". Repeated attempts sending a request for the facts and findings of which he came about his decision to deny were to no avail. Can I file another petition with the court? The Judge who denied me (without ever providing a reason) has since retired. I need to know if I can file a petition and have a hearing held on my case again, and if there is a time limit I have to wait before doing so, and any other information regarding this situation. I have done some research on Indiana Grandparent Visitation, but I don't even know where to look for laws regarding the filing of a petition following a judge's decision to deny. Am I wrong to feel I had a right to ask for (and receive) the facts and findings of which he came about his decision to deny?
- Category: Divorce
- Subcategory: Grandparents Visitation
- Date:
- State: Indiana
Answer:
In Indiana in order to be considered for Grandparents visitation you must meet certain laws. They are listed below. You cannot be awarded visitation if the parents are still married. As to whether you can file another Petition we are not sure but usually new facts must be presented to refile and proceed.
Sec. 1. (a) A child's grandparent may seek visitation rights if:
(1) the child's parent is deceased;
(2) the marriage of the child's parents has been dissolved in Indiana; or
(3) subject to subsection (b), the child was born out of wedlock.
(b) A court may not grant visitation rights to a paternal grandparent of a child who is born out of wedlock under subsection (a)(3) if the child's father has not established paternity in relation to the child.
Sec. 2. (a) The court may grant visitation rights if the court determines that visitation rights are in the best interests of the child.
(b) In determining the best interests of the child under this section, the court may consider whether a grandparent has had or has attempted to have meaningful contact with the child.
(c) The court may interview the child in chambers to assist the court in determining the child's perception of whether visitation by a grandparent is in the best interests of the child.
(d) The court may permit counsel to be present at the interview. If counsel is present:
(1) a record may be made of the interview; and
(2) the interview may be made part of the record for purposes of appeal.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
