Grandparents' Rights Attorney in Indianapolis
Can grandparents get visitation or custody rights of their grandchildren?
When parents divorce, most people focus on mitigating the impact that the divorce will have on the relationships between the parents and their children. As important as this focus is, it does not include the full picture. A divorce will often cause major rifts in relationships throughout the family, sometimes resulting in grandparents being cut off from the grandchildren they love so much.
This is especially true in cases in which the parent who has received rights of child custody is opposed to allowing the grandparents on the other spouse's side of the family have time with the children. Fortunately, you may be able to petition for rights of visitation with your grandchildren.
The Circumstances under Which Courts Will Grant Grandparents' Rights
A grandparents' rights petition is possible only under certain circumstances. The parents must have divorced or one of them must have passed away. In cases in which paternal grandparents are seeking visitation rights with a grandchild who was born out of wedlock, it will first be necessary to carry out a paternity action in order to legally establish the biological relationship.
If these conditions have been met, a family law attorney can represent you in bringing a petition to the court. It is always best to first seek to negotiate for visitation rights out of court before bringing the matter before a judge for a formal approval and legalization of the agreement; it is also possible to bring the case to court as a contested matter.
How a Grandparents' Rights Case Is Decided
When hearing a petition for grandparents' visitation rights, the court will review all of the evidence in the case to determine what is in the best interests of the grandchildren. The judge will examine the circumstances of the children, parents and grandparents; will inquire into whether or not the grandparents have made reasonable efforts to have a relationship with the grandchildren; and will rule in favor of an arrangement that serves the needs of the grandchildren.
There is no guarantee of success in such a case, but you can greatly improve your chances of obtaining favorable outcome by working with an Indianapolis grandparents' rights attorney from Bowen & Associates, LLC. With more than a decade of experience, we have proven our ability to get results.