2014 Indiana Code TITLE 31. FAMILY LAW AND JUVENILE LAW ARTICLE 17. FAMILY LAW: CUSTODY AND VISITATION RIGHTS CHAPTER 5. GRANDPARENT'S VISITATION
Download as PDF
IC 31-17-5
Chapter 5. Grandparent's Visitation
IC 31-17-5-0.2
Application of certain amendments to prior law
Sec. 0.2. The amendments made to IC 31-1-11.7-2 (before its
repeal, now codified at sections 1, 8, 9, and 10 of this chapter) by
P.L.293-1987 apply to the visitation rights of grandparents who have
been granted visitation rights before September 1, 1985.
As added by P.L.220-2011, SEC.502.
IC 31-17-5-0.3
Application of certain amendments to prior law
Sec. 0.3. The amendments made to IC 31-1-11.7-2,
IC 31-1-11.7-3, and IC 31-1-11.7-6 (before their repeal, now codified
in this chapter) by P.L.270-1989 apply to adoptions in which a final
order is issued by a trial court after May 5, 1989.
As added by P.L.220-2011, SEC.503.
IC 31-17-5-1
Right to seek visitation
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.
As added by P.L.1-1997, SEC.9.
IC 31-17-5-2
Best interest of the child; in chambers interview of 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.
As added by P.L.1-1997, SEC.9. Amended by P.L.15-2004, SEC.3.
IC 31-17-5-3
Petition
Sec. 3. A proceeding for grandparent's visitation must be
commenced by the filing of a petition entitled, "In Re the visitation
of _________". The petition must:
(1) be filed by a grandparent entitled to receive visitation rights
under this chapter;
(2) be verified; and
(3) set forth the following:
(A) The names and relationship of:
(i) the petitioning grandparent or grandparents;
(ii) each child with whom visitation is sought; and
(iii) the custodial parent or guardian of each child.
(B) The present address of each person named in clause (A).
(C) The date of birth of each child with whom visitation is
sought.
(D) The status under section 1 of this chapter upon which the
grandparent seeks visitation.
(E) The relief sought.
As added by P.L.1-1997, SEC.9.
IC 31-17-5-4
Venue
Sec. 4. A grandparent seeking visitation rights shall file a petition
requesting reasonable visitation rights:
(1) in a circuit, superior or probate court of the county in which
the child resides in a case described in section 1(a)(1), 1(a)(3),
or 10 of this chapter; or
(2) in the court having jurisdiction over the dissolution of the
parents' marriage in a case described in section 1(a)(2) of this
chapter.
As added by P.L.1-1997, SEC.9. Amended by P.L.50-2006, SEC.8.
IC 31-17-5-5
Service of petition and summons
Sec. 5. Whenever a petition is filed, a copy of the petition,
together with a copy of a summons, shall be served upon the
custodial and noncustodial parent or guardian of each child with
whom visitation is sought in the same manner as service of summons
in civil actions generally.
As added by P.L.1-1997, SEC.9.
IC 31-17-5-6
Decree
Sec. 6. Upon hearing evidence in support of and opposition to a
petition filed under this chapter, the court shall enter a decree setting
forth the court's findings and conclusions.
As added by P.L.1-1997, SEC.9.
IC 31-17-5-7
Modification of order
Sec. 7. The court may modify an order granting or denying
visitation rights whenever modification would serve the best interests
of the child.
As added by P.L.1-1997, SEC.9.
IC 31-17-5-8
Paternity proceedings; effect on visitation rights
Sec. 8. (a) This section applies to a child born out of wedlock.
(b) Visitation rights provided for in section 1 or 10 of this chapter
survive the establishment of paternity of a child by a court
proceeding other than an adoption proceeding.
As added by P.L.1-1997, SEC.9.
IC 31-17-5-9
Adoption; effect on visitation rights
Sec. 9. Visitation rights provided for in section 1 or 10 of this
chapter survive the adoption of the child by any of the following:
(1) A stepparent.
(2) A person who is biologically related to the child as:
(A) a grandparent;
(B) a sibling;
(C) an aunt;
(D) an uncle;
(E) a niece; or
(F) a nephew.
As added by P.L.1-1997, SEC.9.
IC 31-17-5-10
Marriage of child's parents dissolved in another state; right to seek
visitation
Sec. 10. If the marriage of the child's parents has been dissolved
in another state, the child's maternal or paternal grandparent may seek
visitation rights if:
(1) the custody decree entered in the action for dissolution of
marriage does not bind the grandparent under IC 31-21-3-1 (or
IC 31-17-3-12 before its repeal); and
(2) an Indiana court would have jurisdiction under IC 31-21-5-1
(or IC 31-17-3-3 before its repeal), IC 31-21-5-2, or
IC 31-21-5-3 (or IC 31-17-3-14 before its repeal) to grant
visitation rights to the grandparent in a modification decree.
As added by P.L.1-1997, SEC.9. Amended by P.L.138-2007, SEC.35.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
