[heatons5]

If bio father terminates his rights does that mean his mothers rights are terminated as well. I've read that she will still have visition because it is a stepparent adoption but I don't want my child around an alcoholic and drug addicts. Not to mention she will still see the man who just signed off all his rights. In my eyes it was an easy fix for not paying child support. They haven't been in the picture for over 5 years now all the sudden G-ma want visition. Any help would be grateful.

[GV70]

Grandparent Rights to Visitation: Visitation may be granted if either the child's parent is deceased, the parents'marriage has been dissolved in Indiana, or if the child was born out of wedlock. (For the paternal grandparents of a child born out of wedlock to obtain visitation, the child's father must have legally established paternity.) If the marriage of the parents was dissolved somewhere other than Indiana, the grandparents may seek visitation if the custody decree does not bind the grandparent under I.C. §31-1-11.6-12 and if an Indiana court has jurisdiction under I.C. §31-1-11.6-14. Title 31, Article 1, Chapter 11.7, Section 1 (A.I.C. §31-1-11.7-1 et seq.).

When Adoption Occurs: Visitation rights terminate unless the adoption is by the child's stepparent or by a person who is biologically related to the child as a grandparent, sibling, aunt, uncle, niece, or nephew.

Child Custody Statutes: Best interest of child considering: (1) age and sex of child; (2) wishes of parents and child; (3) interaction and interrelationship between the child and parents, siblings and other significant persons; (4) child's adjustment to home, school and community; and (5) mental and physical health of all persons involved. A.I.C. §31-1-11 et seq.

A supreme court case in Indiana held that a grandparent who is biologically related is still a biologically related relative regardless of adoption or change in parental rights of their children. They are still grandparents.

There was a case recently where an adult had herself adopted by someone else to prevent her own mother from having access to her children. The court ruled that the grandparents were still the grandparents even if the mother disowned the grandmother by any means.

The marriage or remarriage of a child’s parent does not affect the court’s authority to grant or modify grandparent visitation rights.


Courts in every jurisdiction must consider the "best interests of the child" when granting custody or visitation rights to a grandparent. In some states, the relevant statute provides a list of factors the court should considered when determining a child's best interests. Other states do not provide factors in the statute, but courts in those states have likely identified factors in custody and visitation cases interpreting the state statutes.

The following factors in determining the best interests of the child are among those included in state statutes and CASE LAW:

* The needs of the child, including considerations of physical and emotional health of the child, the safety of the child, and the welfare of the child
* The capability of the parents and/or grandparents to meet the needs of the child
* The wishes of the parent(s) and the grand-parent(s)
* The wishes of the child, if the child is capable of making decisions for himself or herself
* The strength of the relationship between the grandparent(s) and grandchild
* The length of the relationship between the grandparent(s) and grandchild
* EVIDENCE of abuse or neglect by the parent(s) or grandparent(s)
* Evidence of substance abuse by the parent(s) or grandparent(s)
* The child's adjustment to the home, school, or community
* The ability of the parent(s) or grandparent(s) to provide love, affection, and contact with the child
* The distance between the child and the parent(s) or grandparent(s)


A court may award visitation rights if either of the child's parents is deceased, the child's parents' marriage has been terminated, or the child was born out of wedlock. In addition to considering whether visitation is in the child's best interest, a grandparent must show that he or she has had, or attempted to have, meaningful contact with the grandchild. Adoption cuts off the visitation rights of the grandparents unless the adoption is granted to a stepparent or a natural grandparent, sibling, aunt, uncle, niece, or nephew of the child.