• The Indiana Code establishes specific rights for grandparents regarding visitation with their grandchildren in the state. The law also outlines the circumstances under which grandparents can obtain a court order as well as the judicial procedures in place to do so. The process begins with the grandparents filing a petition for visitation.
  
  

Permissible Circumstances

• Three permissible circumstances exist in the Indiana Code under which a grandparent legally can seek visitation: if the child's parent is deceased, upon the divorce of the parents and if a child is born out of wedlock. Absent a legal determination of an alleged father's paternity, alleged paternal grandparents cannot seek visitation. If a child is adopted, grandparent visitation can continue if it is in the best interests of the child.
  
  

Standard

• The standard applied by Indiana law and courts in determining the propriety of allowing visitation rights involves a determination of the best interests of the minor. Factors taken into consideration include the historical relationship between the minor and the grandparent seeking visitation, the overall physical and mental health of the grandparent and the child's desires. To ascertain the child's preferences in regard to spending time with her grandparent, the court interviews the child in chambers.
  
  

Petition and Procedure

• Pursuant to Indiana law, a grandparent desiring to establish visitation files a petition in the state court in the county where the child resides. Within the petition the grandparent provides basic information about himself, the parents and the child. The petition outlines the general parameters of the extent of visitation being sought and sets forth specific facts why this type of visitation is in the best interests of the minor.
  
  Once the petition is filed with the court, the parents have a right to express their preferences regarding grandparent visitation. If the grandparent and parents are not able to reach a settlement between them, the court holds a hearing and issues a final order on the matter.