Legal Question in Family Law in Indiana
I am a grandmother. I have been a primary caretaker for my grandchildren all of their lives. My son and his wife were going to get a divorce due to a very public sexual affair by his wife. They have decided to stay together, but his wife now insists that I don't see their minor children because she was the one having the affair and is embarrassed. My son is going along with her to save the marriage. That leaves me with no contact with their minor children, my grandchildren who are 7 and 9 years of age. yet, I have been a primary caretaker all of their lives. Do I have any rights to see my grandchildren?
2 Answers from Attorneys
There is a Grandparent's Visitation statute in the state of Indiana. However, there are cases in this state (and the nation, including the Supreme Court), that impose some pretty serious limitations on what a third party can compel a parent to do with respect to visitation. I'd strongly suggest that you try to move them off dead center by suggesting that the children's loss of the grandparent involvement in their life is not good, that it is not in their best interests, and that it will only hurt the children. If that does not work, then your only recourse would be to file a Petition with the Court to seek to obtain visitation. That truly is a flip of the proverbial coin.
Now, having said all that, you stated you were the "primary caretaker" of the children. That poses a much different case that the ordinary visitation. It might mean that you have rights under the "de facto custodian" statutes, which gives you a much stronger case. That could place you on a much stronger footing in terms of visitation. It could easily be that the court would look merely at the "best interest" of the children when deciding the case. It is unclear from your question whether you had the children all the time, or whether you now do not have them, or what. Best thing is to talk to a lawyer. Trying to get answers from the internet can be pretty sketchy.
I agree with Voyle. You may have a legitimate claim under the "de facto custody" Code. See a local family law lawyer.