[peggyhill]

I was watching a TV show where this woman's mom took her to court for the right to see her grandkids. It wasn't a made up show, well it was Dr. Phil so who knows, but it was supposed to be real anyway. The grandma didn't have custody nor had she ever, yet she was taking them to court for visitation rights. I didn't realize grandparents could do this. Did I misunderstand what was going on? What if the grandparents aren't nice people and the person doesn't want them involved in their grandchild's life? Can they still take their kid to court over the right to see their grandchildren? I think that's what was going on in this situation. I caught the end of it. Just curious. I had never heard of this before.:confused:
This was taking place in the US on the east cost I think, but I'm not sure what state.

[cjonline]

What state are you in? Not all states have grandparents rights.

[peggyhill]

Well, I was wondering about Indiana. I'm not sure what state the people on the show were in. I was wondering because a co- worker has really abusive parents, and she doesn't contact them. I mentioned the show, and it worried her since she doesn't want her folks in her life. She doesn't have kids yet, but just got married and is planning on it. So, I told her I'd get on here and see if anyone knew sorry, I should have mentioned what state we were in first, lol!

[cjonline]

In Indiana they have grandparents rights but they are very limited...

Grandparent Rights to Visitation in Indiana: 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.

I can't see it happening unless your friend wants it to.

[peggyhill]

Thanks for answering so quick! Ok, that should make her feel better. I really don't think she has anything to worry about. The people on Dr. Phil were divorced, so maybe that had something to do with it. She is thinking about legally disowning her parents. Can she do that in Indiana? How does that work if anyone knows?

[JudyKayTee]

Thanks for answering so quick! Ok, that should make her feel better. I really don't think she has anything to worry about. She is thinking about legally disowning her parents. Can she do that in Indiana? How does that work if anyone knows?

I don't know she has to do that - she has control over her life and at this time the lives of her children. She gets to control who has contact with her and her children. If it's an abusive relationship she can always file for a restraining order(s).

I don't even know if you can legally "disown" people any more - and that wouldn't change her parents being the grandparents of her children.

There have been several grandparents' rights actions in NYS and I am aware of only one that was successful -

[cjonline]

I agree --- Just don't talk to them again. I wouldn't go the "Legal" way, she is an adult after all and IMO it would be a waist of time and money. She can and should just go about her life without them in it.

Are they bugging her or calling and stopping by? Why go through the trouble of the courts?

[peggyhill]

Well, they talked on the phone once last year when her grandma passed away. But other than that, no contact since she was 18. She's 22 now. But her mom threatened her when she first moved out that she would quote "ruin her life and make sure if she had any kids she would never get to see them" . The threat was made to try to keep her from moving out. Her mom is a prescription pill addict and is really manipulative, according to her. I really think it was just an empty threat and all. I know her mom put her through hell. I don't think she would actually take her daughter to court over visitation.

[peggyhill]

I really don't think any judge would give custody to a woman who hasn't even talked to her own daughter in 5 years anyway! I think she's over reacting. She thought she was pregnant last month, and I think that's why she's thinking of all this and worrying! I told her custody is nothing to worry about and I really don't think her mom can force her to see the kids for visitation or anything.

[GV70]

In Troxel v. Granville, the Court held that a "fit" biological parent has a presumptive right to make decisions about "the custody, care, and nurture of a child." (120 S. Ct. 2054 (2000).)
When parents' marriage is dissolved or parents are separated.
In all proceedings for dissolution, subsequent to the commencement of the proceeding and continuing thereafter or when parents have been separated for six months or more, the court may, upon application of the parent or grandparent of a party, grant reasonable partial custody or visitation rights, or both, to the unmarried child if it finds that visitation rights or partial custody, or both, would be in the best interest of the child and would not interfere with the parent-child relationship. The court shall consider the amount of personal contact between the parents or grandparents of the party and the child prior to the application.