Fort Wayne Grandparents’ Rights Lawyers

Grandparents' Rights Lawyers

Children in Fort Wayne and throughout Indiana often benefit from having a close relationship with their grandparents. Unfortunately, parents sometimes refuse to allow their children to maintain these vital relationships after a divorce or separation, causing family conflicts and emotional pain for grandparents and grandchildren alike. There are also cases where parents can’t provide the care a child needs, and grandparents can step in to provide a more stable home for their grandkids.

The Fort Wayne grandparents’ rights lawyers at Myers & Wallace, LLP, believe grandparents have much to offer their grandchildren, and we can help you resolve any legal conflicts between you and the child’s parents. Our attorneys’ in-depth experience with family law issues helps us develop robust, tailored legal solutions that fit your needs while minimizing stress on you. Our law firm handles all the legal work so you can focus on spending time with your grandchildren and fulfilling their needs. Swift action is crucial to achieving your goals in these cases, so call our lawyers now or complete our contact form for a free consultation.

Grandparents' Rights Under Indiana Law

Indiana law sets clear rules regarding when grandparents may seek visitation with or custody of their grandchildren. Grandparents do not receive automatic rights in either situation, as state statutes strictly limit both options.

Grandparents may seek visitation only in specific circumstances listed in the Indiana Code. Those situations include the death of a child’s parent, the divorce of the child’s parents, or the birth of a child outside of marriage. Even when one of these situations applies, the court does not grant visitation by default. Judges give substantial weight to a parent’s decision (assuming the parent is fit to make such a decision) and require the grandparent to show that visitation supports the child’s best interests.

Custody requests face an even higher legal threshold, as courts must make custody decisions based on what arrangement best supports the best interests of the child. Accordingly, Indiana courts presume that a capable parent should retain custody of their grandchild. A grandparent seeking custody must show serious concerns about a parent’s ability to care for the child, such as neglect, abandonment, or ongoing instability.

However, some grandparents seek custody under Indiana’s de facto custodian statute. This law says a grandparent may qualify as a child’s legal guardian if they acted as the child’s primary caregiver and financial supporter for specific periods of time. If the court recognizes that status, the judge may weigh the grandparent’s custody request.

How Indiana Courts Decide Grandparents' Rights Cases

Indiana law includes strict rules for when grandparents can seek visitation with their child or argue for custody.

Grandparents' Visitation Cases in Fort Wayne

A grandparent seeking visitation with their grandchild must show that one of the following situations applies:

The child has no living parents – It makes sense for grandparents to want to visit their grandchild if the child’s parents are no longer alive and, therefore, can’t care for the child. This is usually the easiest legal rationale for grandparents to obtain visitation, though these cases still require help from an experienced family law attorney.
The child’s parents got divorced in Indiana – A child’s parents getting divorced may be grounds for the child’s parents to seek visitation. However, the courts do not have to automatically grant visitation in these circumstances. If the child’s custodial parent objects (which is usually the case if the grandparent is going to court to seek visitation), the grandparents usually must show that visitation would support the child’s well-being.
The child was born to unwed parents – Indiana grandparents can seek visitation in cases where the child’s parents are not married, but not in all circumstances. A paternal grandparent (meaning the parents of the child’s alleged father) may not seek visitation if the child’s father has not established legal paternity. However, maternal grandparents (the parents of the child’s mother) do not face these restrictions. Again, though, visitation is not an automatic right in these circumstances. Grandparents seeking visitation must demonstrate that their visits would not harm the child.

Grandparents' Custody Cases in Fort Wayne

There are two ways for grandparents to seek custody of their grandchildren in Indiana:

The standard child custody process – Grandparents can file a standard custody petition in Indiana family court. To win their case, they must show that obtaining custody would serve the child’s best interests. Indiana courts strongly favor a child’s parents in these cases, so grandparents seeking custody usually must show that the child’s parent or parents are either neglecting or actively abusing the child. Grandparents seeking custody typically must also show that they are fit to care for the child, particularly given their advanced age and higher likelihood of health problems.
The “de facto custodian” law – A grandparent or grandparents who have already spent significant time caring for a grandchild might be able to obtain custody by showing that they meet Indiana’s legal definition of the child’s “de facto custodian.” A de facto custodian is someone who has been a child’s primary caregiver and financial supporter. The child must also have lived with the de facto custodian for at least six months if the child is younger than three or one year if the child is three or older. Notably, any time the child lives with the custodian after the commencement of standard custody proceedings does not count toward the residency period. The same goes for any time the child has spent with a foster parent.

Why Hire Our Law Firm for Your Grandparents' Rights Case in Indiana?

Experience and dedication make all the difference in Fort Wayne grandparents’ rights cases, and that’s what we offer at Myers & Wallace. With over 50 years of combined experience, our attorneys know how to develop winning strategies and simplify the legal process for you. Our law firm is also known for our dedication to customer service and quality results. No matter what your issue is or how difficult your situation seems, our law office provides straightforward advice and personally tailored legal solutions.

How Our Fort Wayne Grandparents' Rights Attorneys Can Help You

Our attorneys can help you with your case in many ways, including:

Explaining legal terms and process – Our law firm can walk you through the likely steps in your case while answering your questions and defining legal concepts in plain language.
Gathering evidence – You need strong evidence to support a custody or visitation claim. We can collect witness statements, photographs, text messages, and other records to build a solid foundation for your case.
Filing paperwork – Family law cases in Indiana involve reams of paperwork. You must also make sure to complete every form correctly and on time. We can fill out these forms and double-check them to prevent avoidable mistakes.
Negotiating on your behalf – In many cases, skilled negotiation can lead to a faster, less contentious outcome than a prolonged court battle. We can negotiate with your grandchild’s parents and other parties to find a solution that fits your goals without going to trial.
Courtroom representation – Trials are sometimes necessary to reach your desired outcome in a custody or visitation case. Our team has extensive courtroom experience and can make a persuasive argument to the judge while fighting for your rights.

Contact Our Grandparents' Rights Lawyers in Fort Wayne

Our Fort Wayne lawyers know you value your relationship with your grandchildren and can help you enforce your rights. Call the law firm of Myers & Wallace now or complete our online contact form today for a free case review.

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Myers & Wallace, LLP helps with a wide variety of legal needs throughout Indiana. If you need assistance for a case relating to employment law, civil rights, criminal defense or personal injury call us at 260-424-0600 so we can get started on developing your personalized strategy.