In Indiana, grandparents can seek custody of their grandchildren under certain circumstances, even if the parents are alive. Many assume only parents have the right to raise children, but the law lets grandparents intervene in specific cases.
Legal basis for grandparent custody
Grandparents in Indiana can request custody if they prove the child’s parents are unfit or unable to provide proper care. The court considers factors like the child’s well-being, the relationship between the grandparent and child, and the parents’ ability to care for the child. In Indiana, grandparents may get custody if they show neglect, abuse, or other reasons the parents cannot meet the child’s needs.
How does the court decide?
Indiana courts focus on the child’s best interests when deciding custody. They assess the child’s living environment, emotional bonds with family, and overall care. Courts also look at the grandparent’s history with the child and their ability to provide a stable home.
What evidence is required?
A grandparent must present clear evidence that the parents cannot provide adequate care. This may include documentation of neglect, abuse, or mental health issues affecting the parents. The court may also consider testimonies from teachers, doctors, or others who can speak to the child’s well-being.
The law presumes a fit parent should have custody of his or her children. If the grandparent cannot prove the parents are unfit, the court will likely favor the parents’ rights to custody.
What are the alternatives to custody?
If the court denies custody, grandparents can still request visitation rights. Grandparents seeking custody or visitation should know the process is complex, and should contact an experienced family law attorney to learn more.