Many grandparents play a vital role in the lives of their grandchildren. From offering emotional support and growth to lending a hand when needed, having active grandparents can benefit children.

But sometimes family dynamics can make grandparents feel left out. If you’re unable to see your grandchildren as much as you would like, or think there’s a need to take over custody of them, it’s important to understand the Indiana laws that govern your rights as a grandparent.

Understanding Grandparents’ Rights in Indiana

In general, Indiana law protects the rights of parents to raise their children as they see fit. In fact, parents are the only ones guaranteed custody of their children — grandparents are not granted any legal rights by default. 

This doesn’t mean you do not have options. If you are being prevented from seeing your grandchildren, or think their health and wellbeing is in jeopardy, there are legal avenues you can pursue. 

Custody vs. Visitation

First, it’s important to clarify a couple of terms so you understand what legal avenues are available to you.

• Custody is the legal right and responsibility to care for someone or make decisions about their welfare. It typically refers to minor children, and there are both legal and physical aspects to a custody agreement.
• Visitation is scheduled time that a non-custodial parent or other designated person, such as a grandparent, has to spend with a child. Visitation grants no decision-making authority regarding the child’s upbringing.

Think of it this way: visitation is guaranteeing you the right to see your grandchildren, whereas custody grants you legal parental rights and obligations. Most grandparents pursuing legal action will be seeking visitation rights, but there are cases when custody is more appropriate.

For this article we will focus on the rights grandparents have in regards to gaining custody of their grandchildren. If you are not seeking custody, you can explore your rights to seek visitation of grandchildren instead.

When to Seek Custody Instead of Visitation

Indiana law will always seek to put the child(ren)’s best interests first and prefers children stay with their parents to the maximum extent possible. 

If, however, you think the health and welfare of your grandchildren is in jeopardy, you can file for custody. Common reasons grandparents pursue custody include:

• The parents have neglected or abandoned your grandchild(ren)
• The parents have abused your grandchild(ren)
• The parents are otherwise deemed unfit 
• The parents agree to a custody arrangement

Parents are considered unfit if they are unable to provide proper care and guidance for their children. The burden of proof in this instance is high, as the law favors keeping children with their parents whenever possible. 

Factors to Consider when Seeking Custody of Grandchildren

We know that grandparents seeking custody have their grandchild(ren)’s best interests at heart, but sometimes they can overlook their own health and wellbeing in the process. It’s important to consider a few factors as you consider filing for custody.

Can a Grandparent Have Joint Custody with a Parent?

It’s uncommon, but there are cases where a grandparent can share custody with parents. 

The best interests of the child are always paramount, and usually if a grandparent is granted custody, it’s because of the parents’ inability to care for their child. 

However, there is still a chance the court will grant joint custody, so it’s best to discuss your options and possible outcomes with an attorney.

How Custody of Grandchildren Affects Grandparents

When considering whether you should pursue custody, keep in mind that taking over parental responsibility will affect every aspect of your day-to-day life. Common challenges for grandparents raising grandchildren include:

• Financial responsibilities. You may or may not receive financial help from your grandchild(ren)’s parents. If you don’t (or don’t expect to), make sure you have financial resources available to support raising children.
• Physical and mental health. Raising children takes a lot of energy, and as you age, you may not keep up as well as you used to. Similarly, dealing with both the emotional toll of gaining custody and adjusting to your new responsibilities can take a toll on your mental health; many custodial grandparents suffer from anxiety and depression.
• Social. The age gap between you and your grandchildren can be a source of frustration for both parties regarding relationships, activities, and interests. Similarly, grandparents may feel isolated as they differ in age from parents of their grandchildren’s friends.
• Family relationships. This can be with the parents of your grandchildren, your other children, or even extended family. Taking an active role in the upbringing of your grandchildren can cause added strain between you and other family members who may be concerned about your wellbeing or even feel left out.

While these aren’t reasons to not pursue custody of your grandchild(ren), they are important to be prepared for. Having a solid plan in place for these issues can also make your custody case stronger, as it proves to the court you are capable of taking on parenting duties.

Who Pays Child Support if Grandparents Have Custody?

Parents owe a duty of child support to their children. If you are awarded custody of your grandchild(ren), whether you receive child support from the parents will be determined by the court.

Options Other Than Custody

While gaining custody of your grandchild(ren) may seem like the answer, there are other scenarios you should consider as well. 

Guardianship

Custody is a long-term solution, and the burden of proof to show that parents are unfit is hard to overcome. Sometimes parents only need extra help, or temporary circumstances prevent them from taking care of their children. In this case, grandparents can petition for guardianship.

Guardianship is a legal relationship where you take full custody of your grandchild(ren) for a time. You are granted custody that allows you to seek proper care for the child and makes you responsible for their physical and financial wellbeing.

Common reasons to grant a guardianship are if a custodial parent agrees to it, or if they go to jail, are recovering from a serious illness, or are called up for military service. The guardianship would be terminated by the court when the circumstances requiring a guardianship no longer exist. You can petition the court for guardianship if you think your grandchild’s wellbeing would benefit from it.  

Adoption

Grandparents can adopt their grandchildren in Indiana under certain circumstances. 

Where a custody suit generally requires proof that the parents have abused or neglected their children, an adoption is usually granted in circumstances related to loss of parental rights. Common reasons include:

• If both parents are deceased
• If both parents abandon their child
• If both parents involuntarily lose their parental rights 

While it may seem obvious, you can also adopt your grandchildren if the parents agree to it. In this case, you would pursue the legal adoption process set out by Indiana law.

Navigating Your Custody Rights as a Grandparent

Family law cases are deeply personal and often emotionally charged. At Bennett, Boehning, and Clary, we understand the complexities and challenges these cases present, from navigating family disagreements to presenting sensitive testimonies in court, especially when children are involved.

For grandparents seeking custody of their grandchildren, the legal landscape can be daunting. While the law prioritizes the child’s well-being, grandparents may face a significant burden of proof to establish their case. Intricate family situations and extenuating circumstances often require skilled legal guidance to ensure all voices are heard and the best interests of the child are met.

If you are considering or currently involved in a custody dispute, our experienced Indiana family law attorneys are here to advocate for you. At BB&C, we believe each custody case is unique and deserves careful attention to detail. We strive to understand the specific complexities of your situation and provide compassionate yet decisive representation throughout the legal process.

Contact us to schedule a consultation and discuss your options. As your advocate, we will fight tirelessly to ensure your voice is heard and your rights are protected.

Disclaimer: The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.