[dzzygirl]

Long stry short I am denied my granddaughter because mother is mad. I filed for visitation and the judge said get a lawyer. I can't afford a lawyer so am doing this on my own. I filed again under the original order with RE: IN THE MATTER OF...
I filed a motion to be added as an interested party so if it goes through then ask for visitation. Am I doing this right? I know I have rights here in Indiana and I fit all the guidelines for them. I just don't know how to do it.
Thank you

[ScottGem]

What makes you think you have rights? Grandparent rights are rare. Did you see some law that you think applies to you? If so post a link and we can advise further

[dzzygirl]

What makes you think you have rights? Grandparent rights are rare. Did you see some law that you think applies to you? If so post a link and we can advise further

Grandparents rights to visitation are not rare! They are becoming more and more prevalent. I don't think I have rights I have read the Indiana State guidelines and can see them. Thank you for asking though.

IC 31-17-5
Chapter 5. Grandparent's Visitation

IC 31-17-5-0.2
Application of certain amendments to prior law
Sec. 0.2. The amendments made to IC 31-1-11.7-2 (before its repeal, now codified at sections 1, 8, 9, and 10 of this chapter) by P.L.293-1987 apply to the visitation rights of grandparents who have been granted visitation rights before September 1, 1985.
As added by P.L.220-2011, SEC.502.

IC 31-17-5-0.3
Application of certain amendments to prior law
Sec. 0.3. The amendments made to IC 31-1-11.7-2, IC 31-1-11.7-3, and IC 31-1-11.7-6 (before their repeal, now codified in this chapter) by P.L.270-1989 apply to adoptions in which a final order is issued by a trial court after May 5, 1989.
As added by P.L.220-2011, SEC.503.


IC 31-17-5-1
Right to seek visitation
Sec. 1. (a) A child's grandparent may seek visitation rights if:
(1) the child's parent is deceased;
(2) the marriage of the child's parents has been dissolved in Indiana; or
(3) subject to subsection (b), the child was born out of wedlock.
(b) A court may not grant visitation rights to a paternal grandparent of a child who is born out of wedlock under subsection (a)(3) if the child's father has not established paternity in relation to the child.
As added by P.L.1-1997, SEC.9.


IC 31-17-5-2
Best interest of the child; in chambers interview of the child
Sec. 2. (a) The court may grant visitation rights if the court determines that visitation rights are in the best interests of the child.
(b) In determining the best interests of the child under this section, the court may consider whether a grandparent has had or has attempted to have meaningful contact with the child.
(c) The court may interview the child in chambers to assist the court in determining the child's perception of whether visitation by a grandparent is in the best interests of the child.
(d) The court may permit counsel to be present at the interview. If counsel is present:
(1) a record may be made of the interview; and
(2) the interview may be made part of the record for purposes of appeal.
As added by P.L.1-1997, SEC.9. Amended by P.L.15-2004, SEC.3.

[GV70]

I know I have rights here in Indiana and I fit all the guidlines for them.
Thank you

Common misconception.
You have rights to seek visitation but no one said you would be awarded with visitation rights.
“Grandparents do not possess a constitutional liberty interest in visitation with their grandchildren.”-Lockhart v. Lockhart, 603 N.E.2d 864, 866,
"Trial courts are to presume that a fit parent’s decision regarding visitation is in the best interests of the child." Crafton v. Gibson, 752 N.E.2d 78, 96 (Ind. Ct. App. 2001)
"Grandparents bear the burden of rebutting the presumption that a parent’s decision to deny visitation was made in the child’s best interests. "-Hicks v. Larson, 884 N.E.2d 869, 874-75 (Ind. Ct. App. 2008).


If you wish you may start with:

In re VIsitation of
/Name.last name/
Grandchild

By next friend
Your name
Grandparent

Tell the court why you are seeking visitation.Make sure to give the court a history of your past relationship, including any emotional, physical or financial support that the child has received as a result of your relationship. Attach any documentation, like school tuition receipts or doctor bills, that you have.

List any benefits that you feel the child would gain from regular visitation. Also list any negative consequences that the child could suffer from if visitation is not granted. Benefits and consequences should be spelled out and documented as much as possible.

Sign your petition in blue or black ink.

[Synnen]

I do want to point out that if your visitation rights are DENIED that is it unlikely that you will EVER repair the damage to your relationship with the child's mother if you take this to court.

Are you willing to risk NEVER seeing the child if your rights are denied because you make the mother that much more angry?

Why are you not seeing the child when the father has his visitation? Surely your son would give you access to his child!

While you do have the right to pursue grandparents' visitation, I'd think long and hard about repairing your relationship with the child's mother first.

[ScottGem]

First, thank you for posting the law that you think supports your petition. But I have to correct you. Grandparents rights ARE rare. You are correct that they have been increasing in the last decade or so, but that doesn't mean they are common.

What has been increasing is laws allowing grandparents to seek visitation. And that's where you make your mistake. The laws you cite do not give you the right to have visitation, they only give you the right to SEEK visitation. Under IC 31-17-5-1 that right is defined under specific conditions. The laws you cite are GUIDELINES to the court, notice the use of the word MAY in those laws. The bottom line is what the court determines is the best interests of the child. And as GV70 has pointed out, IN courts have not been friendly to such petitions. This is why I asked you to point out what laws you were referring to, so we could advise on the reality. Often knowing the letter of the law doesn't give one an understanding of the law.

One thing you did not tell us is how old the child is how much you have been a part of her life. This is the most important consideration the courts will use in granting your petition. Knowing why the mother has cut you off is important as well. And I urge you to take into account what Synnen said. You might even win the battle here, but lose the war as the mother will continue to have the greater influence on the child.

[dzzygirl]

Thank you for your comments and correcting my mistakes. I am very emotional over this so it helps to have someone on the "outside".

My son is an alcoholic h has been in and out of jail for a long time. Yes he lives with me when he is out and then I have access to my granddaughter.

Both parents have lived with us on and off since Hailey was born. Hailey and her mother actually lived with us for over a year when he was in jail until she got pregnant with another mans child. I have been Haileys "babysitter" since her birth also on and off when they decide to work.When my son got home he mended their reationship and took on the role of dad to this new baby and I forgave also. So now I take on the role of grandma to new baby because his biological dad is not in the picture. Well then they broke up again. She ended up taking the baby away from us after 6 months of caring for him almost daily while she worked. She said if my son doesn't adopt baby she doesn't want us to see baby anymore. Then changed her mind within a matter of hours because she couldn't find chilcare for him. But we said no we can't do this to the baby or ourselves. I cried for days! Still tore up over that. I have had a good relationship with Haileys mother until recently. Some of the things I have witnessed and heard rom my granddaughter I ended up calling CPS because I felt I had no choice. Hailey had sores on her feet that were no cared for. She wasn't bathed regularly. The house was always trashed. Hailey was also taking care of this baby while her mother was partying at th neighbors on several occasions. The last time I saw Hailey she told me her mother was so drunk the night before that she couldn't walk. Making her mother mad was the least of my worries. I needed to make sure these children were okay. So she found out it was me and I have not seen them since.

This is short and brief as to the whole story so I hope this helps.

Than you

[ScottGem]

Thank you for that. Unfortunately you have no rights to the new baby. You probably can get visitation with Hailey, but I would suggest that your son, if clean, tries for custody of Hailey first.

It sounds like she needs to be in a better environment.

[dzzygirl]

Sorry I did not mention Hailey is only 7 years old.

I have compiled hundreds of pics to show the judge how Hailey has been a big prt of our lives, including her two cousins that miss her terribly. I also have a document signed by her mother in case she and my son would die Hailey would come to me but Im sure that has changed now.

My biggest challenge is how to file. I filed a petition under the original case but they said I couldn't do that because I am not a party in that matter. So I refiled a motion to become party to the case. Hope it works. If it doesn't I just don't know what else to file. The court secretary said I had to file under an already case but why do I. This is a different matter. Why does it have to be so hard to do on my own?

Thank you all again!
I am a good person and have no intention of harming Haileys relationship with her mother but Hailey deserves so much more than her mother gives. We can offer that. We have been members of our Church for 13 years and are very active. I am on the board for our sports ministry and am the head of the kitchen ministry. I am a certified ministry safe for children leader and am active in the children's church as well. We are a very close family and spend lots of time together in activities. I have two other children who are well educated and I don't know for sure what happened to Haileys father to become who he is.

Thanks again! (also sorry for the typos my keyboard is messed up)
Cathy Hedrick

[ScottGem]

Try a local law school. They often have clinics that will help people prepare paperwork for court.

Good luck and keep us posted.

[GV70]

My biggest challenge is how to file. I filed a petition under the original case but they said I couldnt do that becuase I am not a party in that matter. So I refiled a motion to become party to the case. Hope it works. If it doesnt I just dont know what else to file.k

I am not sure whether you have to be a party to the "original case"/ who started it? When?Why? Etc/ or you have to file alone a new petition.
In my point of view you have to file an original motion under IN RE VISITATION OF... that's the system works at least in PA.
Which county court handle the case?
You may try to connect to
Volunteer Lawyer Program Of Northeast Indiana
General Phone: 260-407-0917
Intake Phone: 260-407-0917

[dzzygirl]

I am not sure whether you have to be a party to the "original case"/ who started it? When?Why? etc/ or you have to file alone a new petition.
In my point of view you have to file an original motion under IN RE VISITATION OF....that's the system works at least in PA.
Which county court handle the case?
You may try to connect to
Volunteer Lawyer Program Of Northeast Indiana
General Phone: 260-407-0917
Intake Phone: 260-407-0917

I did file under RE: but just to be added as an intrested party then if there are no objections I will then file for visitation. Why I had to do it this way I don't understand but this is what the lawyer was going to do.